Q: Validity of motion for protective order as response to motion to compel.
Which CCP defines Motion for protective order as valid response to motion to compel ?
A:
Under California law, a motion for a protective order is a valid response to a motion to compel. This is governed by Section 2031.060 of the California Code of Civil Procedure (CCP).
CCP § 2031.060(a) states:
"When a party to whom an inspection demand has been directed fails to serve a timely response to it, that party waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). However, the court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.
(2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect."
Furthermore, CCP § 2031.060(b) provides:
"The party making the motion for relief from the waiver shall also serve a copy of the motion on all other parties on which the demand was served, and the other parties may oppose the motion."
So in summary, CCP § 2031.060 establishes that a motion for a protective order, if granted by the court, can relieve a party from the waiver of objections that would otherwise result from failing to respond to a motion to compel in a timely manner, provided certain conditions are met.
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