MyECheck Inc (fka MYEC)

[PhenixBleu]

CASE UPDATE - Maciora's OSC re: Discovery Action DENIED!

Defendant/cross-complainant in pro per Maciora’s motion for Order to Show Cause (“OSC”) re: discovery sanctions (including monetary sanctions of at least $1,000 and contempt of court) as against plaintiff/cross-defendant MEC Inc., cross-defendant Starrs and their attorneys of record is DENIED.

Maciora desires an OSC against plaintiff, cross-defendant Starrs and their attorneys of record for having prepared, verified and served “completely evasive responses...to most, if not all[,] of [Maciora’s] 57 special interrogatories,” thereby “caus[ing] unwarranted annoyance, embarrassment, oppression, or undue burden and expense.

”The motion is denied since Maciora fails to proffer legal authority that this Court may issue an OSC under these circumstances. Indeed, with respect to interrogatories, the proper remedy when evasive interrogatory responses are received is a motion to compel further responses pursuant to Code of Civil Procedure §2030.300 and it appears that Maciora has already filed such a motion, which is currently set to be heard on 5/30/2019.

Maciora failed to comply with CRC Rule 3.1110(f)(3), requiring that each paper exhibit be separated by an 8½ x 11 inch sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.