Judge: Sandy N. Leal, Case: 2022-01241218, Date: 2023-08-31 Tentative Ruling

Motion to Compel Further Responses to Form Interrogatories

Plaintiffs, David L. Gay and Jamie Gay’s Motion to Compel Further Responses to Form Interrogatories, Set One is DENIED.

Plaintiffs, David L. Gay and Jamie Gay move for an order compelling further responses as to Form Interrogatories, Set One, umbers 12.5, 15.1, 16.2, 16.3, 16.4, 16.5 and 17.1 from Defendant Duke H. Nguyen, M.D.

On 8-2-23, Defendant served verified supplemental responses to all interrogatories at issue in this motion. (Declaration of Olga Skarlat, ¶ 17, Exhibit G.) Therefore, the Court denies the motion as moot with regard to the request for order compelling further responses. Defendant has supplemented all interrogatories at issue and there is nothing for the Court to compel.

Plaintiffs also move for sanctions against Defendant in the amount of $1,466.87 pursuant to Code of Civil Procedure section 2023.030 and 2030.00(d). Plaintiffs contend that the Court should issue sanctions against Defendant even though he supplemented all interrogatories at issue because Defendant would not have done so absent Plaintiffs’ filing of this motion.

The Court finds that Defendant and his counsel have acted with substantial justification such that issuing sanctions would be unjust. Specifically, Ms. Skarlat, Defendant’s current counsel, has attested that she began handling this case as of 6-12-23 and did not have access to the parties’ prior meet and confer efforts. (see Skarlat Decl., ¶¶ 2, 7.) Nevertheless, Ms. Skarlat attests that she attempted to meet and confer on several occasions in July 2023 but that it was unsuccessful. (Skarlat Decl., ¶ 13.) Despite this, Ms. Skarlat has provided a supplemental response to each interrogatory at issue. The fact that Defendant’s supplemented all interrogatories at issue and that the responses were delayed by a change in Defendant’s counsel is substantial justification such that sanctions would be unjust. Therefore, Plaintiffs’ request for sanctions is denied.

Defendant is to give notice.