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California Civil Procedure, Keyed to Levine, 6th Ed.
Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants
Citation:
148 Cal. App. 4th 390, 55 Cal. Rptr. 3d 751 (2007)Facts
Sinaiko Healthcare Consulting sued defendants alleging breach of contract, unfair competition, misappropriation of trade secrets, and interference with business relationships. Sinaiko alleged that Kirchwehm, working through Zeppelin and Pacific, had access to Sinaiko’s proprietary client database and improperly solicited clients after ending the relationship. On February 14, 2005, Sinaiko served interrogatories and document requests on defendants, with responses due March 21, 2005. Defendants, represented by attorney Klugman, failed to respond by the deadline despite a demand letter. On March 31, 2005, Sinaiko served motions to compel responses. Later that same day, after the motions were served, defendants faxed interrogatory responses stating they could not respond due to pending demurrers. Defendants never responded to document requests. At the April 26 hearing, which defendants did not attend, the trial court granted the motions and ordered responses without objection within twenty days, plus monetary sanctions. Defendants subsequently moved for reconsideration, served deficient document responses, and produced incomplete documents. After withdrawing their reconsideration motion, defendants continued to provide inadequate discovery responses, withholding documents and failing to produce responsive materials.
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