Reghabi

FACTS AND PROCEDURAL HISTORY

Appellant and three other plaintiffs filed a lawsuit against respondent Michael Gilson.1 According to the second amended complaint, respondent leased bedrooms within a residence he owned in Santa Barbara to 12 students, including appellant. It was alleged that the number of tenants exceeded that allowed by law and that respondent failed to repair various defective conditions. The complaint contained causes of action for breach of contract, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, and unjust enrichment.

1 Of the original four plaintiffs, only Reghabi appeals. On June 7, 2012, respondent's counsel, Ronald Miyamoto, mailed written discovery requests, consisting of form interrogatories, special interrogatories, and a request for production of documents, to appellant's counsel in the trial court, Nadia Yashar. Appellant did not respond. On July 25, 2012, Miyamoto sent letters to Yashar requesting verified responses to the discovery in order to avoid a motion to compel. Yashar told Miyamoto that her firm had not received the discovery requests and agreed to accept them via email as if they had…