Motion granted. The court discloses that Judge Lucky’s wife is a supervisor with the Riverside District Attorney’s Office, the office prosecuting the criminal case, SWM2005686. However, Ms. Lucky was not and is not involved in the prosecution of that action. If the Discovery Act provides a procedure for relief from waiver, Defendant is not entitled to relief under Code of Civil Procedure section 473, subdivision (b). (Scottsdale Ins. Co. v. Superior Court (Spyglass Homeowners Ass’n) (1997) 59 Cal.App.4th 263, 275.) The Discovery Act provides relief for all Defendant’s requests here. (See Code Civ. Proc., §§ 2025.290, 2031.300, 2033.280.) To merit relief under the Discovery Act, the moving party must serve code-compliant responses and show mistake, inadvertence, or excusable neglect. (City of Fresno v. Superior Court (1988) 205 Cal.App.3d 1459, 1467.) The court finds sufficient evidence of excusable neglect. Although the declarations in support of the motion are weak, “[i]n a case like
Hearing Date
January 14, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Motion granted. The court discloses that Judge Lucky’s wife is a supervisor with the Riverside District Attorney’s Office, the office prosecuting the criminal case, SWM2005686. However, Ms. Lucky was not and is not involved in the prosecution of that action. If the Discovery Act provides a procedure for relief from waiver, Defendant is not entitled to relief under Code of Civil Procedure section 473, subdivision (b). (Scottsdale Ins. Co. v. Superior Court (Spyglass Homeowners Ass’n) (1997) 59 Cal.App.4th 263, 275.) The Discovery Act provides relief for all Defendant’s requests here. (See Code Civ. Proc., §§ 2025.290, 2031.300, 2033.280.) To merit relief under the Discovery Act, the moving party must serve code-compliant responses and show mistake, inadvertence, or excusable neglect. (City of Fresno v. Superior Court (1988) 205 Cal.App.3d 1459, 1467.) The court finds sufficient evidence of excusable neglect. Although the declarations in support of the motion are weak, “[i]n a case like