Arbitrators / Mediators

Judge Thomas P. Nugent [Ret.]

Defense oriented and should be avoided by plaintiffs. As discovery referee he made objections for the defendant, sustained his objection and denied the motion on the basis of his own objection. He asserted that he had the right to object "sua sponte" on behalf of a defendant who did not raise the objection. 

A party whose response fails to set forth a particular ground for objection waives its right to raise that objection later.
Stadish v. Sup.Ct. (1999) 71 Cal.App.4th 1130, 1141.

Objections must be raised by a party, and there is no authority for untimely objections raised months later by a referee on behalf of a party, when ruling on a motion to compel.

Judge Nugent also asserted objections not found in the Code, objecting that inspection demands were not “full and complete in and of themselves”, citing Code of Civil Procedure §2030.060 (d) which applies only to interrogatories. The “full and complete” requirement for interrogatories does not apply to inspection demands at all.

He reversed prior rulings, rather than enforce prior orders. When presented with the prior ruling, rather than order the defendant comply, he said his prior ruling was “inadvertent”, wasting time, effort, and expense for both parties. When problems arose, such as his failure to set a date for defendant's compliance, Judge Nugent was unwilling to correct his mistakes even on an informal basis. 

San Diego Lemon Law Center | The Law Office of Michael E. Lindsey
Tel: (858) 270-7000 Fax: (858) 270-7710 | 4455 Morena Blvd., Ste. 207 San Diego, CA, 92117 (see map)

General Information Only

The information in the San Diego Lemon Law Center pages is for general information only and is not intended to be taken as legal advice. If you have a specific legal question or problem, please feel free to contact us or you should promptly consult with an Attorney handling such matters in your area for advice.