SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

1. Motions to Compel 

Plaintiff Aaron Ambriz Chavez (“Plaintiff”) propounded request set one of form interrogatories, special interrogatories, request for production of documents (“RFPs”), and requests for admissions (“RFAs”) on Defendant Green Rodent Restoration, Inc. (“Green Rodent”) on March 14, 2023. The parties met and conferred, and an extension was granted. As of the date of filing, Plaintiff avers that he has received no responses to any of Plaintiff’s propounded discovery requests.   

However, since the filing of the instant motion, Defendant Green Rodent provides that it served responses to all of Plaintiff’s discovery requests on August 15, 2023. The responses were served without any objections.  

In light of Defendant Green Rodent’s representation and supporting evidence that it served verified responses to Plaintiff’s discovery prior to the hearing, the Court finds the motions to compel moot.   

 

2. Sanctions 

The sole remaining issue is whether to impose sanctions.  Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless a court makes certain findings.¿ (Code Civ. Proc., § 2031.300(c).)¿ Here, Plaintiff filed his motions on July 18, 2023, and Defendant Green Rodent did not serve responses to the outstanding discovery until August 15, 2023. Plaintiff requests $1,000 in connection with each motion. However, the Court notes that the appropriate remedy for failure to serve a timely response to RFAs is not a motion to compel, but to move for an order deeming the truth of the matters admitted. (CCP § 2033.280.) Plaintiff’s citation to CCP § 2033.290 pertains to compelling a further response, which is inapplicable here. Therefore, although sanctions are warranted, the Court will reduce the amount, and not include the defective motion.   

Accordingly, Plaintiff is awarded $150 per motion, for only three motions, for a total of $600 in attorney fees. Further, Plaintiff is awarded three motion filing fees of $60, for a total of $180, as costs.    

Sanctions are imposed against Defendant Green Rodent Restoration, Inc. and its counsel, jointly and severally.  Defendant Green Rodent Restoration, Inc. and/or its counsel are ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $780, within twenty (20) days.