Judge: Stephen P. Pfahler, Case: 21CHCV00725, Date: 2022-09-21 Tentative Ruling

Case Number: 21CHCV00725    Hearing Date: September 21, 2022    Dept: F49

Dept. F-49

Date: 9-21-22

Case #21CHCV00725

Trial Date: 2-14-23

COMPEL

MOVING PARTY: Plaintiff, Aly Rahim

RESPONDING PARTY: Defendant, All Action Security Consulting Group, Inc.

RELIEF REQUESTED

Motions to Compel Responses to Form and Special Interrogatories

SUMMARY OF ACTION

Plaintiff Aly Rahim worked as a “non-exempt” security guard for Defendant All Action Security Consulting Group, Inc. from January 2016 through March 2020. Plaintiff alleges working “seven (7) days a week and worked approximately 12-24 hours each shift,” without adherence to labor standards for meal and rest breaks, minimum wages, timely payment of wages, and overtime.

On September 21, 2021 Plaintiff filed a wage and hour, and unlawful business practices complaint. On December 21, 2021, Defendants answered the complaint.

RULING: Granted

Plaintiff Aly Rahim moves to compel responses to Form and Special interrogatories (set one) from Defendant All Action Security Consulting Group, Inc.

Plaintiff served Defendant on February 15, 2022. [Declarations of Kasim Idrees, ¶ 2, Ex. 1.] Unverified responses were served on April 19, 2022. [Id., ¶ 4, Ex. 2.]

On May 24, 2022, Plaintiff filed the instant Motion.

On May 31, 2022, Defendant served verifications to the responses provided on April 19, 2022. [Declaration of Cortez, ¶ 12, Ex. D.) 

In light of Defendant serving verifications, Plaintiff’s Motion is now moot. Typically, sanctions against a party are mandatory, when they fail to serve initial responses to discovery; however, the Court finds that sanctions against Defendant would be unjust because when he served his responses (without the verifications), he stated that verifications would be “forthcoming shortly,” and he was not able to sign them at that time, as he was out of the country dealing with his mother’s health. [Cortez Decl., ¶¶ 8-9, Ex. C.]  In addition, Defendant served the verifications on the same day that he received the Motion.  [Id. at ¶ 12.]

Plaintiff to give notice to all parties.