Judge: Armen Tamzarian, Case: 20STCV47472, Date: 2025-04-11 Tentative Ruling

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Case Number: 20STCV47472    Hearing Date: April 11, 2025    Dept: 52

Plaintiff Outfront Media VW Communications, LLC’s Motion to Enter Judgment Pursuant to Stipulation

            Plaintiff/cross-defendant Outfront Media VW Communications LLC moves to enter judgment pursuant to the stipulation between it and defendants 7219-7225 West Sunset, LLC and Joseph Geoula.

            Plaintiff has not shown adequate proof of service of this motion on defendants.  The proof of service attached to the moving papers shows service only by email to defendant Joseph Geoula at joe.geoula@gmail.com.  This service is defective for three reasons.

First, the court’s records indicate both defendants are still represented by counsel Deian Kazachki.  Code of Civil Procedure section 1015 provides, “[I]n all cases where a party has an attorney in the action or proceeding, the service of papers … must be upon the attorney instead of the party … .”  Nothing in the record shows Kazachki no longer represents defendants.  The court notes that, two weeks before plaintiff filed this motion, it applied ex parte for the same relief.  It served the ex parte application on both Kazachki and Geoula. 

Second, the proof of service does not specify any manner of service on defendant 7219-7225 West Sunset, LLC.  It refers only to service on defendant Joseph Geoula.    

Third, assuming Geoula no longer has an attorney, serving him by email was not valid.  Self-represented parties are not required to accept electronic service “unless they affirmatively consent to electronic service.”  (Cal. Rules of Court, rule 2.251(c)(3)(B); see Code Civ. Proc., § 1010.6, subd. (c).)  The record includes no document showing Geoula affirmatively consented to electronic service.

Plaintiff/cross-defendant Outfront Media VW Communications LLC’s motion to enter judgment pursuant to stipulation is denied without prejudice.