Guardianship of Isadora Szele-Alston
Guardianship of Isadora Szele-Alston
Case Number
24PR00003
Case Type
Hearing Date / Time
Thu, 11/07/2024 - 09:00
Nature of Proceedings
Motion: Compel Further Discovery Set One
Tentative Ruling
TENTATIVE RULING:
For the reasons set forth herein:
1. The hearing on petitioners’ motion to compel further responses to requests for production of documents, set one, is continued to November 21, 2024.
2. Petitioner’s reply to objector’s opposition, if any, is due no later than November 14, 2024.
3. The parties shall continue to meet and confer, regarding the issues raised by the motion, as set forth below, and advise the court if those efforts narrow the issues or dispose of them entirely.
Background:
This action was commenced on January 3, 2024, by the filing of the petition for appointment of temporary guardian of the person of minor Isadora Szele-Alston (“Isadora”), by her aunt and uncle Tonya Szele (“Tonya”) and Michael Szele (“Michael”). (Note: due to common surnames, and for clarity, the parties will be referred to by their given names. No disrespect is intended.)
On March 7, 2024, Isadora’s mother Christina Szele (“Christina”) filed an objection to the petition for appointment of guardian.
On March 28, 2024, the court appointed minor’s counsel and ordered that the parties share the cost of minor’s counsel’s fees equally, subject to reallocation.
On April 18, 2024, Tonya and Michael served a demand for production of documents, set one, on Christina. (Kaur Decl., ¶ 4 & Exh. A.) Christina responded to the demand for production on May 17, 2024, with objections. (Kaur Decl., ¶
Deeming the responses inadequate, Tonya and Michael’s counsel sent correspondence to Christina’s counsel. The parties engaged in the meet and confer process but were unsuccessful in resolving their dispute.
On July 3, 2024, Tonya and Michael filed the present motion to compel further responses to the requests for production of documents.
On September 19, 2024, Christina s prior attorney was relieved as counsel. On October 17, 2024, Christiana’s current counsel substituted into the case.
Christina filed her opposition to the present motion on November 1, 2024.
Analysis:
“All papers opposing a motion . . . shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing.”
Christina’s opposition, being filed on November 1, 2024, was filed only four court days before the hearing.
While the court could simply refuse to consider the late-filed opposition, pursuant to California Rules of Court, rule 3.1300(d), the opposition makes valid arguments regarding certain requests. As such, the court will continue the hearing on this motion to allow Tonya and Michael to file a substantive reply to the opposition.
In the meantime, the parties will be ordered to continue to meet and confer in an effort to resolve the issues raised, including the period of production and taxpayer privileges. Should the parties narrow the issues, or resolve the dispute completely, they are to notify the court as early as possible.