Judge: Walter P. Schwarm, Case: 30-2022-01276603, Date: 2023-08-22 Tentative Ruling

Moving Party’s (Jorge Nasser) Motion to Compel Production in Response to Document Requests (Motion), filed on 4-12-23 under ROA No. 61, is DENIED as MOOT as to the request to compel the production of documents.  The court GRANTS the Motion to the extent it requests a monetary sanction. The Notice of this Motion (Notice) was filed on 4-12-23 under ROA No. 65.

Code of Civil Procedure section 2031.320 states in part, “(a) If a party filing a response to a demand for inspection, copying, testing, or sampling under  Sections 2031.220, 2031.230, 2031.240, and Section 2031.280 thereafter fails to permit the inspection, copying, testing, or sampling, in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance. [¶] (b) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. . . .”

The Motion states, “Defendant Cotton Links agreed to produce documents in response to the document requests, but Cotton Links has failed to produce the documents.”  (Motion; 2:12-13.)  Responding Party’s (Cotton Links LLC) Opposition to Compel Production of Documents (Opposition), filed on 8-9-23 under ROA No. 87, states, “At the time of the service and filing of this Opposition, Defendants Cotton Links ash produced Documents responsive to the Request for Production.” (Opposition; 3:8-9.)  The declaration in support of the Opposition states, “On August 9, 2023, I served Defendant COTTON LINKS LLC’s documents produced in response to the Requests for Production which are in issue in this case.” (Freeman Decl., ¶ 6.)  Moving Party’s Reply, filed on 8-16-23 under ROA No. 113, states, “No documents were produced until the filing of the Opposition . . . .” (Reply; 2:6.)  Thus, there is nothing for the court to compel.

Since Responding has produced the requested documents, the court DENIES Responding Party’s (Jorge Nasser) Motion to Compel Production in Response to Document Requests,  filed on 4-12-23 under ROA No. 61, as MOOT to the extent it seeks to compel the production of documents.  The court GRANTS the Motion to the extent it requests a monetary sanction, and awards a monetary sanction in the amount of $810.00 in favor of Moving Party and against Responding Party. (Code Civ. Proc., § 2031.320, subd. (b); Cal. Rules of Court, rule 3.1348; Jaffe Decl., ¶¶ 10 and 11.)

Moving Party is to give notice.