VISTACORE PARTNERS, LLC, A DELAWARE LIMITED VS. TERNWHEEL, INC., A DELAWARE CORPORATION

Matter on the LAW AND MOTION / DISCOVERY Calendar for Tuesday August 25, 2026, line 12, 1 - DEFENDANT TERNWHEEL, INC.'S Motion For Order Relieving Defendant Ternwheel, Inc. Of Waiver Of Objections To Form Interrogatories, Request For Admissions And Request For Production Of Documents

Defendant Ternwheel Inc.'s motion for order relieving it of the waiver of objections to discovery is GRANTED.

For interrogatories and requests for production, the court may relieve a party from waiver if the party has served a response that is in "substantial compliance" with the applicable response requirements and the party's failure to serve a timely response resulted from "mistake, inadvertence, or excusable neglect." (CCP 2030.290(a)(1)-(2), 2031.300(a)(1)-(2).) The same standard applies to requests for admission: the Court may relieve a party from waiver if the party has served a proposed response that is in substantial compliance with section 2033.220 and the failure to serve a timely response resulted from mistake, inadvertence, or excusable neglect. (CCP 2033.280(a)(1)-(2).)

Here, defendant shows that the failure to timely respond was the result of an excusable clerical error. (Sagheb Decl., par. 5) It has also provided discovery responses in substantial compliance with the Discovery Act. (Id. at Exs. G - I.)

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