Judge: Mark H. Epstein, Case: 20SMCV00596, Date: 2023-04-05 Tentative Ruling

Case Number: 20SMCV00596    Hearing Date: April 5, 2023    Dept: R

The motion is MOOT.  The court held a prior hearing on this motion on January 11, 2023.  The court gave some general thoughts and asked the parties to meet and confer on RFP number 2.  In defendants’ supplemental declaration filed 3/21/23, they served supplemental verified responses to the discovery at issue that complied with the court’s prior statements.  The discovery was served on Virk.  The court therefore has substantial discretion to consider the motion to compel to be moot, and the court exercises that discretion here.  (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390.)  Defendants’ request for sanctions is DENIED.  While Virk’s meet and confer was lacking, defendants provided only an email statement to Virk in response to the issues he raised.  Such an email is not a binding statement and does not substitute for a verification.