Judge: Elaine W. Mandel, Case: 21SMCV01057, Date: 2023-04-10 Tentative Ruling

Case Number: 21SMCV01057    Hearing Date: April 10, 2023    Dept: P

Tentative Ruling

Sabrina M. Lorenzi et al. v. Candace Morgan Stanley et al., Case No. 21SMCV01057

Hearing Date April 10, 2023

Plaintiffs’ Motions to Compel Further Responses to Requests for Production of Documents, Requests for Admission, Form & Special Interrogatories

On August 16, 2022 plaintiffs propounded written discovery—including interrogatories, requests for admission and requests for production of documents on defendant Stanley. Stanley responded to each request with identical objections based on relevance, lack of particularity, ambiguity, overbreadth burden, attorney-client privilege, work product and confidentiality.

The court held an IDC January 26, 2023, after which defendant agreed to provide supplemental responses by February 10, 2023. Plaintiffs argue defendant has not complied with the agreement reached at the IDC and move to compel further responses and monetary sanctions.

In opposition, defendant’s counsel states he was unable to respond timely because he had COVID-19 from February 7, 2023, leaving him incapacitated for two weeks. Cohon decl. ¶6. Counsel transmitted all responses on February 27, 2023.

When discovery responses are served after a motion to compel is filed the court has substantial discretion to consider the circumstances presented and may declare the motion moot. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408-409.

Plaintiffs argue counsel’s illness is not a valid excuse because he argued two demurrers and two motions to strike in another case on February 14, 2023, during his illness. Regardless, plaintiffs do not dispute that defendant produced the discovery before this hearing date, and do not argue that the new responses are insufficient. The motion is MOOT. No sanctions will be awarded because counsel adequately explained the failure to timely respond and produced substantive responses. DENIED.