Case Name: Wolfe Cevorov vs Contemporary Services Corporation
Case No.: 17CV307338

Motion to compel further responses to Special Interrogatories is MOOT, as supplemental responses were served. If a responding party provides code-compliant and verified discovery responses prior to hearing on a motion to compel, the responding party may claim that the motion is moot and should go off calendar. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408-409.) The Sinaiko court recognized that the trial court is in the best position to determine whether action taken subsequent to the filing of a discovery motion renders that motion moot, in the exercise of its discretion and based on the circumstances of the particular case.

Sanctions are DENIED. The Court finds that under the circumstances, Plaintiff acted with substantial justification, as Defendant imposed unreasonable deadlines and demands while Plaintiff’s counsel was coping with a family emergency.

For purposes of this case, the Court hereby ORDERS that a conference with the Court and both counsel is required before filing any discovery motion as follows: No discovery motions may be filed until the parties have meaningfully met and conferred AND met with the Court for a face-to-face Informal Discovery Conference. Discovery meet and confer obligations require an in-person conference between counsel. If a resolution is not reached, parties are required to meet and confer in person with the Court for all discovery-related hearings prior to filing of any discovery motion, unless otherwise authorized by the Court. Each side must serve and lodge a short brief, limited to no more than 3 pages, briefly discussing the issues to be discussed two court days in advance of the meeting. To schedule an informal discovery conference (IDC) with the Court, please contact the courtroom clerk at (408) 882-2200.