Judge: Armen Tamzarian, Case: 23STCV25841, Date: 2024-08-26 Tentative Ruling

Case Number: 23STCV25841    Hearing Date: August 26, 2024    Dept: 52

Tentative Ruling:

Plaintiff Refael Zilber’s Motion to (1) Compel Responses to Requests for Production, Set One, and (2) Deem Requests for Admission, Set One, Admitted

Plaintiff Refael Zilber moves to compel defendant FCA US LLC (FCA) to respond to requests for production, set one, and moves for an order deeming the matters specified in requests for admission, set one, admitted. 

The court must deny this motion because plaintiff prematurely served these discovery requests.  “A plaintiff may make” demands for inspection or requests for admission “without leave of court at any time that is 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first.”  (CCP §§ 2031.020(b) [demands for inspection], 2033.020(b) [requests for admission].) 

Plaintiff first served these discovery requests on December 20, 2023.  (Davoodi Decls., ¶ 4.)  After a dispute with FCA’s counsel about the method of service, plaintiff served the requests for production and requests for admission again on February 22, 2024.  (Id., ¶ 6.)  Plaintiff did not file proof of service of summons on FCA until March 7.  The proof of service states the process server personally served FCA’s agent for service on March 1.  (POS, ¶ 5.a.)  Plaintiff was therefore not permitted to serve discovery requests until March 11.  FCA was not required to respond to these premature discovery requests.    

Plaintiff Refael Zilber’s motion to compel responses to requests for production is denied.  Plaintiff Refael Zilber’s motion to deem the truth of matters admitted is denied.