Mar 08, 2007 Robert A. Olson
Court of Appeal upholds trial court’s power to grant motion to compel discovery despite pre-hearing service of discovery responses

Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 2007 Cal. App. LEXIS 318 (Second District, Division 5 (Los Angeles)) [partially published]. In a first-impression case, Bob Olson secured an affirmance of the trial court’s order compelling discovery responses. The Court held that that a party’s untimely discovery responses do not bar the trial court from granting a motion to compel responses, and that if the responding party fails to comply with that order, the propounding party may move for sanctions without a “meet and confer” and without a 45-day deadline.