Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc.

After defendant and cross-complainant Delta Packaging Products, Inc. (Delta), allegedly engaged in “a practice of misuse [of] the discovery process” following the service of a set of demands for the inspection and production of documents by plaintiff and cross-defendant Pelton-Shepherd Industries, Inc. (Pelton-Shepherd), the trial court imposed terminating sanctions on Delta, striking Delta’s answer to the complaint and dismissing Delta’s cross-complaint, after previously imposing monetary sanctions of $2,500 on Delta.

From the subsequent default judgment in favor of Pelton-Shepherd, Delta appeals, arguing the trial court erred in granting Pelton-Shepherd’s underlying motion to compel responses to the inspection demands because the motion was not heard before the discovery motion cutoff date and Pelton-Shepherd never moved to reopen discovery. Delta also contends (among other things) that the trial court erred in denying Delta’s underlying motion for relief from the waiver of objections that resulted from Delta’s failure to timely respond to the inspection demands.

In the published portion of the opinion, we conclude the trial court botched its responsibilities under…