Defendant’s motion
to compel is placed OFF-CALENDAR AS MOOT.

The motion to compel is moot following the service of
substantially compliant responses to the outstanding discovery on September 29,
2017. (Opp. Ex. 1). The motion is
therefore placed off-calendar.

Defendant requests that sanctions be imposed nevertheless in
the amount of $1,710.00 for abuse of the discovery process. CCP § 2030.290.
While the court “shall” impose sanctions on a party who fails to respond to
discovery, the court may also deny to impose sanctions if the party subject to
sanctions “acted with substantial justification or that other circumstances
make the imposition of sanctions unjust.” CCP § 2030.290(c). Here, Plaintiff’s
counsel has states in his sworn declaration that the form interrogatories were
not answered because his office overlooked the receipt of the discovery. Upon discovering........