The Motion to Compel Response to Request for Production of Documents is moot as Plaintiff has provided a supplemental response. Plaintiff’s opposition argues that the notice regarding attorney’s fees was defective because it fails to follow the requirements of Rules of Court, rule 2.30 and that the discovery sanction rules are inapplicable because supplemental responses were provided. Plaintiff is wrong. First, rule 2.30 is inapplicable because plaintiff had not served supplemental responses prior to the filing of the motion, so the discovery procedure for sanctions applies. (Shah decl., ¶ 4.) Rule 2.30 applies, by its own terms, “[i]n addition to any other sanctions permitted by law” and applies “for failure…to comply with the applicable rules.” No rules violation is alleged here and the discovery sanctions procedure is not negated by rule 2.30. Second, the notices for both motions identify the request for sanctions in the caption, state the person(s) subject to the sanctions (plainti
Hearing Date
February 23, 2021
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The Motion to Compel Response to Request for Production of Documents is moot as Plaintiff has provided a supplemental response. Plaintiff’s opposition argues that the notice regarding attorney’s fees was defective because it fails to follow the requirements of Rules of Court, rule 2.30 and that the discovery sanction rules are inapplicable because supplemental responses were provided. Plaintiff is wrong. First, rule 2.30 is inapplicable because plaintiff had not served supplemental responses prior to the filing of the motion, so the discovery procedure for sanctions applies. (Shah decl., ¶ 4.) Rule 2.30 applies, by its own terms, “[i]n addition to any other sanctions permitted by law” and applies “for failure…to comply with the applicable rules.” No rules violation is alleged here and the discovery sanctions procedure is not negated by rule 2.30. Second, the notices for both motions identify the request for sanctions in the caption, state the person(s) subject to the sanctions (plainti