Unpublished Opinion Has A Discussion On What Not To Do In The Meet And Confer Battles.
In Estate of Ambrose-Gordon, Case Nos. A169189 et al. (1st Dist., Div. 5 June 24, 2024) (unpublished), a probate litigant and her attorney were sanctioned $9,495 in discovery sanctions for failing to reasonably meet and confer with the opposing side before moving to compel. (Code Civ. Proc., §2023.020.) The appellate court affirmed, citing factors which are instructive in showing why the lower court did not abuse its discretion:
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- Making no effort to schedule a live conversation after delivery of a formal meet and confer letter;
- Waiting to announce that a motion to compel was being filed after opposing counsel provided notice he would be on vacation;
- Conditioning any resolutions on payment of substantial fees of $45,000 or more before taking the motion to compel off calendar; and
- Failing to withdraw the motion to compel after receiving amended discovery responses and asking for even more–$67,250—to withdraw the motion.