SEXTON v. SUPERIOR COURT OF LOS ANGELES COUNTY

Docket No. B109100.

58 Cal.App.4th 1403 (1997)

DONALD SEXTON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MULLIKIN MEDICAL CENTER, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

November 5, 1997.


Attorney(s) appearing for the Case

COUNSEL

James Allen for Petitioner.

No appearance for Respondent.

O'Flaherty & Belgum, Robert M. Dato and Brian P. Barrow for Real Party in Interest.


OPINION

VOGEL (C.S.), P.J.

The petitioner raises the question of whether a trial court must either deny or dismiss a late-filed motion to compel the production of documents pursuant to Code of Civil Procedure section 2031, subdivision (l) when the responding party failed to raise that objection in its written opposition, but did raise it orally at the hearing on the motion.1 We conclude that the...

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