Judge: Craig Griffin, Case: "Kim v. La Vue, LLC", Date: 2023-07-31 Tentative Ruling

Defendant LA VUE, LLC’s Motion to Set Aside Default is CONTINUED to August 21, 2023, at 2:00 p.m. in this department.

On July 24, 2023, Defendant filed a Notice of Non-Opposition. ROA 91 stating that no opposition to the motion had been received.  However, on 5/18/23, Plaintiffs filed and served their Opposition to said motion.  (ROA 73.)  Pursuant to the POS filed in conjunction with the Opposition, the Opposition was served on defense counsel via email. 

Due to the apparent non-receipt of the Opposition by Defendant, the court will continue the matter to the date indicated to permit Defendant to file a Reply thereto.

Regarding service, the Court notes the following:

Orange County Local Rule 352 provides:

“Pursuant to Code of Civil Procedure section 1010.6(d), documents filed by represented parties in all limited, unlimited, and complex civil actions must be filed electronically and allow for service electronically, unless the Court excuses parties from doing so. Although not required, self-represented parties are encouraged to participate in electronic filing and service.”  (Emphasis Added.) 

The foregoing local rule is authorized by California Rules of Court, Rule 2.251(c)(1) which provides, in relevant part:

“A court may require parties to serve documents electronically in specified civil actions by local rule or court order, as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.”

Accordingly, Defendants are required to accept service by E-mail even without their consent, unless the Court excuses them from doing so.

Plaintiffs are ORDERED to re-serve the Opposition filed on 5/18/23, without any changes or alterations, within 5 court days. Defendant is permitted to file a Reply pursuant to the Code.

The Court again encourages the parties to meet and confer to attempt to stipulate to vacate default.

Moving Party to give notice.