Golf & Tennis Pro Shop v. Super. Ct.

INTRODUCTION

It is appropriate to review discovery orders via writ of mandate when “we are presented with a question of first impression which is of general importance to the trial courts and to the profession, and in conjunction with which general guidelines can be laid down for future cases.” (Rudnick v. Superior Court (1974) 11 Cal.3d 924, 928.) Such a question presents itself here – namely, does the 45-day time period to file a motion to compel further responses to interrogatories begin to run upon service of a combination of unverified responses and objections if the motion challenges only the objections? We answer this question in the negative, and disagree with the trial court’s analysis concluding otherwise. The most reasonable construction of the applicable statutes seems to us to require verification of such a hybrid of responses and objections before the time period begins to run. Nonetheless, for different reasons, we hold the trial court did not abuse its discretion in denying petitioners’ motions in this case.

FACTS

Petitioner is a corporate entity running golf establishments in the state of California. Real parties in interest Steve Frye, George St. George, and…