Judge: Donald F. Gaffney, Case: "Zimmerer v. O’Connell Landscape Maintenance, Inc.", Date: 2023-08-23 Tentative Ruling

TENTATIVE RULING: 

For the reasons set forth below, Defendant O’Connell Landscape Maintenance Inc.’s motions to compel responses to its second set of Form Interrogatories, Special Interrogatories, and Request for Production of Documents is DENIED as moot.

Plaintiff served verified, and objection-free, responses on August 7, 2023, and he has reimbursed Defendant for the costs incurred to prepare and file the motions (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408-409 [“If a party provides an untimely interrogatory response that does not contain objections and that sets forth legally valid responses to each interrogatory, the untimely response might completely or substantially resolve the issues raised by a motion to compel responses”].) (Declarations of Clay R. Sides, ¶¶ 3-4; Exhibit A to Sides Declarations.)

Moving party to give notice.