Case Number: EC058319    Hearing Date: April 25, 2014    Dept: E

Motion of plaintiffs Stacy Mandelberg and Arthur Mandelburg to compel further responses from defendant Stillman to Request for Production, Set One is moot in light of the service of supplemental responses on April 14, 2014.

The court finds that the meet and confer efforts by plaintiffs prior to filing this motion constitute a reasonable and good faith attempt at an informal resolution of each issue presented by the motion before filing it. A letter addressing each request at issue was sent 10 days before the deadline for filing the motion; the letter is reasonable, thorough and courteous; no response was received until nine days later after 4:00 p.m. the day before the motion deadline; and the letter did not offer an extension to file the motion or otherwise appear amenable to further negotiation on the issues. A meet and confer may be deemed sufficient where, as here, there is an indication that counsel reasonably believed further attempts to informally resolve the matter would be futile. Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431. Defendant has not offered any facts establishing that its conduct was substantially justified or that other circumstances would make the imposition of sanctions unjust.

Monetary sanctions in the amount of $2370 (6 hours @ $385, plus $60 filing fee) are awarded in favor of plaintiffs and against defendant Stillman and her counsel of record, jointly and severally, payable within 30 days. CCP sections 2031.310(h), 2023.010(e) and (f), 2023.030(a) and CRC Rule 3.1030(a).