Timothy Rose, Esq. partner, and manager of our Northern California offices recently secured a ‘take nothing’ result at trial in Van Nuys WCAB, successfully defending against a demand for production of documents and a cost petition for unpaid interpreting services under Labor Code §5811.
Case Background
In January 2025, the defendant received an invoice for an unpaid interpreting service, a cost petition, and a notice to produce documents from a well-known cost petitioner attorney. This attorney is known for filing similar requests statewide and subsequently filed a motion to compel production of documents.
Defense counsel responded with general objections to the petition for costs, the notice to produce, and the motion to compel, also filing for a protective order due to privilege and relevance concerns. A detailed request for production of documents was issued to the cost petitioner, but was ignored. The defendant ultimately paid the underlying invoice, clarifying that the original invoice had not been received until the packet arrived, and that there was insufficient evidence of prior billing.
Litigation Strategy
Despite payment, the cost petitioner pressed forward, demanding discovery, thousands of dollars in costs, and adverse presumptions for alleged unreasonable delay. At trial, his demand totaled $6,000 in fees.
Defense counsel argued that the payment rendered the issue moot, that the requested discovery was irrelevant or privileged, and that there was no unreasonable delay or bad faith. The defense also challenged the cost petitioner’s failure to properly issue a 60-day demand before filing the petition and offered a nominal sum to resolve attorney fees, which was rejected.
Outcome
The court sided with the defendant on all issues, issuing a ‘take nothing’ Findings and Award. The judge found that the cost petitioner failed to meet and confer, improperly shifted the burden of proving bad faith, and relied on boilerplate filings insufficient to support his claims.
Take Aways
This is a great example of why it is important to properly respond to Notices to Produce and Petitions of any kind and to argue that boilerplate documents are often insufficient to properly address discovery issues. Additionally, it’s critical to make sure that the defendant is proactive in attempting to timely meet, confer, and resolve a dispute, if warranted.
If you need guidance navigating these types of issues, we are always here to help.
