2012-00135467-CU-PO

Barbara Lovenstein vs. Eskaton Fountainwood Lodge

Nature of Proceeding: Motion to Compel Form Interrogatories, Set 1 (Robin Hutcheson)

Filed By: Patterson, Jay C.

Defendants’ motions to compel plaintiff Barbara Lovenstein, by and through her successor-in-interest, Robin Hutcheson (“Ms. Lovenstein”) to provide further responses to Defendants’ form interrogatories, set one is GRANTED as follows.

Defendants contend that despite having agreed to provide further responses by November 26, 2018, Ms. Lovenstein failed to provide further responses as of the drafting of this motion (December 12, 2018). Trial is currently scheduled for January 29, 2019. Defendants contend Ms. Lovenstein’s failure to provide further responses as agreed necessitated these motions to compel.

In opposition, Ms. Lovenstein contends the motion should be denied because Defendants failed to sufficiently meet and confer. The Court finds the meet and confer was sufficient. The last communication was from Plaintiffs indicating they would provide further responses by November 26, 2018. (Patterson Decl., Exh. MM.) As of

December 12, 2018, no further responses had been provided. (Patterson Decl. ¶ 29.)

Ms. Lovenstein then contends the motion is moot because Plaintiffs have provided amended responses to the discovery at issue. However, there is no declaration showing that amended responses were actually served. In any event, service of responses after the motion was filed does not moot the motion. Defendants are still entitled to an order. To be clear, a motion is “made” when it is filed and served. (CCP § 1005.5.) At the time the motion was filed Plaintiffs had not served further responses.

Ms. Lovenstein sets forth no further argument in opposition.

Plaintiffs shall provide further responses to the subject discovery no later than January 22, 2019, as set forth in the moving papers. To the extent Plaintiffs have already provided further verified responses that comply with this order, they need not re-serve further responses. The Court makes no determination as to the sufficiency of any further responses that have been provided by Ms. Lovenstein (if any).

Defendants’ request for sanctions is granted in the amount of $2,297 (8.2 attorney hours at $185/hour, plus the $60 filing fee for each motion to compel). Sanctions shall be paid on or before February 11, 2019. If Plaintiffs fail to pay the sanction by such date, then Defendants may lodge for the Court’s signature a formal order awarding sanctions, which may be enforced as a separate judgment. (See Newland v. Super. Court (1995) 40 Cal.App.4th 608, 615.)

This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.