Judge: Craig Griffin, Case: Baratta et al v Knutte et al, Date: 2023-08-14 Tentative Ruling

Before the Court at present are three motions to compel, filed by Plaintiffs James Baratta (for two of them) and Plaintiff Laura Baratta (for the other) on 4/17/23, all as to discovery requests propounded to defendant Paul Blanco in February 2023.

The motions appear to be generally well-taken, but for an apparent service defect. Mr. Blanco has been self-represented since 1/30/23. (ROA 74.)  Yet the discovery at issue, and these three motions, were all evidently served on Mr. Blanco only by e-mail.  A self- represented party may consent to receive electronic service. (C.C.P. § 1010.6(c)(2) and CRC 2.251(c)(3)(B).) But Plaintiffs here have not shown that such consent was obtained from Mr. Blanco.

Therefore, the Motions must be DENIED, without prejudice, due to the failure to show that valid service of either the discovery at issue or these motions was effectuated.

Counsel for Plaintiffs to give notice.