Weinstein v. Blumberg

Filed 7/17/18 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

ZEV WEINSTEIN, B282267 (Los Angeles County Plaintiff, Super. Ct. No. SC126011)

v.

ISAAC BLUMBERG et al.,

Defendants and Respondents;

RESCH POLSTER & BERGER LLP,

Real Party in Interest and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Nancy L. Newman, Judge. Reversed. Resch Polster & Berger, Michael C. Baum, Andrew V. Jablon, and Stacey N. Knox for Real Party in Interest and Appellant. Wolf Group L.A., Ellen K. Wolf, and Scott R. Antoine for Defendants and Respondents.

____________________________ Resch Polster & Berger (RPB) appeals from an order granting discovery sanctions after a motion to compel further responses to a deposition notice. Counsel for Isaac Blumberg, Eytan Ribner, and Blumberg Ribner, Inc. (collectively BRI) served a notice of motion and motion to compel within a statutory deadline, but did not serve any of the required supporting papers upon which the motion was based until 15 court days before the hearing. RPB contends the motion was untimely and that the sanctions order should therefore be reversed. We agree. BACKGROUND Zev Weinstein (through his counsel, RPB) filed suit against BRI on June 20, 2016. On June 27, BRI noticed Weinstein’s deposition and propounded 212 requests for production of documents to be produced at the deposition. BRI deposed Weinstein on July 28 and 29, 2016. Following the deposition, BRI and Weinstein met and conferred regarding Weinstein’s deposition responses and responses to BRI’s document requests. As part of their meet and confer process, the parties agreed that BRI’s deadline to file any motion to compel regarding Weinstein’s deposition would be December 6, 2016. BRI filed its notice of motion and motion to compel and an accompanying declaration regarding the parties’ meet and confer process on December 6, 2016. In the motion, BRI included the following language: “This motion is based upon this notice of motion and motion, the attached declaration of Evan W. Granowitz regarding meeting and conferring with Plaintiff’s counsel regarding this motion, as well as the memorandum of points and authorities, separate statement, request for judicial