SAN FRANCISCO Superior Court Judge Marla Miller partially granted a request for discovery sanctions sought in a fee dispute between former law partners Terry O’Reilly and Michael Danko. O’Reilly won’t be allowed to rely on documents turned over after an August deadline, including what’s described as hundreds of emails disclosed in the past two months.
But citing a lack of evidence, Miller declined to find O’Reilly had destroyed documents, saying she’d leave that to a jury to decide at the trial set to begin Thursday. Danko’s attorney, James Wagstaffe of Kerr & Wagstaffe, had urged Miller to find that O’Reilly had withheld and even destroyed evidence that may have proven he’d fired Danko to avoid paying him fees to which he was entitled.
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