Just had a hearing on my motion to compel where OC told the judge we hadn’t conferred before filing the motion. Not only did I attempt to confer on 3 separate dates, I attached the emails and his response that he refused to confer to my motion. Judge didn’t care, as soon as she heard him say we hadn’t conferred she denied the motion. Not asking a question, just needed to vent.

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I’ve had a similar experience. Had months long efforts of attempts to meet and confer where OC would say they would comply, but then never follow through (happened multiple times) or would just never respond to attempts. Then, OC filed an untimely one page opposition with no evidence or support, promising to comply by the hearing. Didn’t comply by the hearing. All of these efforts where clearly documented and attached in our motion and reply. Judges tentative critiqued us for our not participating in good faith meet and confer, yet didn’t even mention the untimely opposition by OC. Then, denied most of our motion and gave OC a lot of additional time to comply with the one piece that was granted. Really annoying and I feel for your situation.

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It’s just crazy that the bar won’t deal with these types of lawyers. This guy has multiple public reprimands for dishonesty to the tribunal but public reprimand clearly isn’t enough to disincentivize him.

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I would send email to OC today following the hearing give him 2 weeks to respond and provide multiple dates and availabilities and then refile, weird that the judge didn’t even give you a chance to respond

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Might be worth looking into whether there is some connection between this counsel and your judge… sounds like some favoritism here, accepting his representation at face value in spite of your filings. Might want to check and see if he’s worked on/contributed to the judge’s election campaign or somehow assisted in getting her appointed. Maybe grounds for a motion to recuse if so.

I don’t think so. She’s ruled in our favor on every motion so far in this case. I think she just didn’t want to deal with a discovery dispute first thing in the morning.

Usually your motion you get to go first

He cross noticed his motion for the same date and because they’re plaintiff, judge let him go first even though we filed first

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