Townsend
Townsend v. Superior Court
Opinion
Opinion
Stone, J.
— Here we determine that the requirement of informal resolution, as set forth in section 2025, subdivision (o) of the Code of Civil Procedure, is not fulfilled when the proponent, immediately following an objection, merely debates with the deponent’s counsel the propriety of the objection. In addition, we conclude that parties who are not the discovery proponents, but simply join in a motion requesting discovery sanctions, are not entitled to be awarded sanctions.
Background
Maria Caroline Townsend, petitioner (hereinafter Townsend), filed a lawsuit seeking to compel the sale of a residence. On July 14, 1997, EMC Mortgage Company and Westfall Realtors, two defendants in this action, took her deposition. During the course of the deposition, Townsend, acting upon the advice of her counsel, objected to and refused to answer certain questions. Counsel for EMC and Westfall, as well as counsel for the other parties present, attempted to convince Townsend to answer these questions. She steadfastly refused to do so. Suffice it to say, the discussion between counsel became at times heated and the discovery disputes were not resolved.