Judge: Elaine W. Mandel, Case: 21SMCV00133, Date: 2023-01-03 Tentative Ruling

Case Number: 21SMCV00133    Hearing Date: January 3, 2023    Dept: P

Tentative Ruling

Guadalupe-Real Property & Investments v. Pegasus Investments, Case No. 21SMCV00133

Hearing Date December 3, 2022

Defendant Pegasus’ Motion for Attorney’s Fees

On November 15, 2022, after multiple extensions and informal discovery conferences, defendant Pegasus moved to compel further responses to written discovery requests initially served in April and March 2022. The court issued a tentative ruling granting Pegasus’ motion. Pegasus now moves for attorney’s fees, seeking $41,497 incurred between service of the requests in March and granting of the motion in November.

Attorney’s fees and expenses may be awarded where evasive answers to written discovery are provided and the court finds failure to respond was without substantial justification. Cal. Code of Civ. Proc. §2034(b). Additionally, a motion for monetary sanctions can be made separately from a motion to compel further response under Cal. Code of Civ. Proc. §2031, as long as it is properly made and timely. London v. Dri-Honing Corp. (2004) 117 Cal.App.4th 999, 1008.

Pegasus argues Guadalupe caused it to unjustly incur significant fees by providing insufficient, evasive, or incomplete discovery responses. Guadalupe argues the motion is untimely, moot, it acted with substantial justification, and the amount of fees requested is unreasonable.

On November 15, 2022, the court tentatively granted Pegasus’ motion to compel further discovery responses and took Guadalupe’s motion for summary judgment under submission. See 11/15/2022 minute order pg. 3. The order states “the discovery motion will be deemed moot if the Motion for Summary Judgment is granted.” Id. On November 16, 2022, the court granting the motion. See 11/16/2022 motion at pg. 1. Therefore, the discovery motion was rendered moot.

DENIED.