Judge: Lee W. Tsao, Case: 22NWCV00845, Date: 2023-05-18 Tentative Ruling

Case Number: 22NWCV00845    Hearing Date: May 18, 2023    Dept: C

HERNANDEZ v. MACIAS

CASE NO.:  22NWCV00845

HEARING:  05/18/23

#2
TENTATIVE ORDER

     I.        Plaintiff’s Motion to Compel Further Responses and Strike All Objections to Special Interrogatories (set one) is DENIED as MOOT.

    II.        Plaintiff’s Motion to Compel Further Responses and Strike All objections to Requests for Production of Documents (set one) is DENIED as MOOT.

Moving Party to give Notice.

The Subject Motions to Compel Further Discovery Responses were filed on January 18, 2023. Defendant OPC TRUCKING, INC. served supplemental responses on May 2, 2023.

Where supplemental responses were served after a motion to compel further is filed, the Court has discretion to deny a motion to compel further as moot, and just impose sanctions. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409.)

The Motions to Compel Further Responses are DENIED as MOOT. It is undisputed that supplemental responses were served after the subject Motions were filed (May 2, 2023). The Court notes that the sufficiency of Defendant OPC TRUCKING, INC.’s supplemental responses are not properly considered by the Court at this time. Where supplemental responses were served after the date the Motions were filed, there is nothing further to compel.

However, it is undisputed that supplemental requests were not served until after the Subject Motions were filed, and only after Plaintiff made numerous attempts to informally resolve the discovery issues. Accordingly, the request for monetary sanctions is GRANTED in part as follows: Defendant OPC TRUCKING, INC.  is ORDERED to pay Plaintiff and their counsel of record sanctions in the total amount of $2,720.00 ($650/hr. x 4 hrs.) ($120 costs) no later than 90 days from the date of the Court’s issuance of this Order. This date may be extended per agreement of the parties.