Lawzilla Additional Information: This case settled and no order was made.

Case Number: BC654893 Hearing Date: August 19, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTIONS TO COMPEL

On March 22, 2017, Plaintiff filed this action against Defendant for negligence arising out an automobile accident. Trial is set for September 11, 2019.

On September 6, 2018, Plaintiff served Defendant with Set One of Request for Production of Documents, Special Interrogatories, and Form Interrogatories. On January 10, 2019, Plaintiff served Defendant with Supplemental Interrogatories and Request for Production of Documents. On June 24, 2019, Plaintiff sent a meet and confer to defense counsel requesting verified responses without objections to the outstanding discovery by July 5, 2019. At the time of filing the motion, no responses were received.

In his opposition, defense counsel states he has now served responses and that he forgot to serve responses previously because he had moved offices. Plaintiff argues that the responses are inadequate, but that argument is more appropriate on a motion to compel further responses after the parties meet and confer and attend an IDC.

Accordingly, the motions are MOOT.

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., § 2030.290, subd. (c).) Plaintiff requests sanctions against Defendant and defense counsel in the amount of $2,061.65 for each motion. It appears that it is defense counsel’s fault and not Defendant’s, as defense counsel admits that he forgot and neglected to respond to the discovery requests due to his previous office closing and recently opening up a new office. This is not a substantial justification, especially in light of the length of time the discovery has been outstanding and Plaintiff’s counsel’s reminder about the outstanding responses.

The Court awards sanctions in the amount of finds that a total of $2,050 is a reasonable amount to be imposed against defense counsel in total for all motions. The motions and oppositions are nearly identical, and Plaintiff filed only one reply brief. Also the requested rate of $500 is high for very basic discovery motions. Sanctions are to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.