Judge: Elaine Lu, Case: 22STCV23613, Date: 2023-12-14 Tentative Ruling

Case Number: 22STCV23613    Hearing Date: December 14, 2023    Dept: 26

Since the filing of the instant motions, Plaintiff served untimely responses to the discovery at issue – i.e., Form Interrogatories, Set One, Request for Production of Documents, Set One, and Special Interrogatories, Set One – (Selik Decl. ¶ 4).  Accordingly, the instant motions are MOOT except as to sanctions.

Though Plaintiff’s Counsel states that he was unaware of the initial discovery originally due to a tracking error, (Selik Decl. ¶ 3), Plaintiff’s Counsel was informed of the discovery on October 2, 2023 at which time Plaintiff’s Counsel offered to serve the responses by October 23, 2023 but still failed to do so, (Adelman Decl. ¶¶ 4-6, Exhs. C-D).  Thus, Plaintiff had the opportunity to comply and failed to do so.  Moreover, to the extent that additional time was necessary to respond, Plaintiff fails to show any request for additional time to respond.  Accordingly, some sanctions are warranted.  However, as Plaintiff did ultimately respond, and the time spent on the multiple replies were not incurred, a slight reduction is warranted.

Plaintiff’s Counsel Mccathern LLP and Shaver Legal APC are jointly and severally liable and ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $1,680.00 within 30 days of notice of this order.

Moving party to give notice.