Judge: Theodore R. Howard, Case: 20-1141390, Date: 2023-06-15 Tentative Ruling

A)        Motion to Compel Bond’s Initial Responses to RFP-2

Plaintiff Chavos & Rau, APLC’s (“Plaintiff”) Motion to Compel Initial Responses to Requests for Production, Set Two (“RFP-2”), from defendant Bryan K. Bond (“Bond”) is MOOT.

Before the court at this time is a motion to compel Bond’s initial responses to RFP-2.  (Civ. Proc. Code § 2031.300.)  Initially, Bond served responses that were not code complaint and were not verified.  “Unsworn responses are tantamount to no responses at all.”  (Appleton v. Superior Ct. (1988) 206 Cal. App. 3d 632, 636.)  This necessitated the present motion by Plaintiff. 

Since the filing of this motion, Bond has served what largely appear to be code-compliant responses, that were verified, as well as paid Plaintiff’s $60 filing fee on this motion.  While Plaintiff complains that many of the documents produced were redacted without explanation and many were not directed as to any specific RFP-2 response, those issues are for motions to compel further responses, not initial responses.  (Civ. Proc. Code § 2031.310.)

At this time all of the issues encapsulated within the present motion appear to have resolved.  The motion is therefore MOOT.

B)        Motion to Compel Bondcorp’s Initial Responses to RFP-3

Plaintiff’ Motion to Compel Initial Responses to Requests for Production, Set Three (“RFP-3”), from defendant Bondcorp Realty Services, Inc. (“Bondcorp”), is MOOT.

The same issues with RFP-2 motion, supra, were at issue here against defendant Bondcorp.  Since this filing of this motion Bondcorp has served largely code compliant responses and paid the filing fee sanction.  The request to compel initial responses here is also MOOT.

Plaintiff will need to file a motion to compel further responses if it contends there are any outstanding issues relating to RFP-3.

The court will briefly note that the parties must comply with both the letter and spirit of the discovery code.  The court encourages parties to work together to find amicable solutions for any further discovery issues without the need of the court. 

Bond/Bondcorp to give notice.