Judge: Deborah C. Servino, Case: 30-2020-01133563, Date: 2022-08-19 Tentative Ruling

Defendant Wanlyn Bejach’s motion for order compelling Plaintiff Christopher Lahage to respond to requests for production of documents, set two, is denied.

 

Plaintiff’s counsel’s email address of record is inbox@calinjuryagency.com.  Plaintiff’s counsel has not filed any notice of change of electronic service address.  (See Cal. Rules of Court, rule 2.251(g).)  Defendant served the relevant discovery request to a different email - tom@calinjuryagency.com.  (See Brunello Decl., Exh. A.)  Plaintiff’s counsel informed defense counsel of this error.  (Brunello Decl., Exh. D.)  It appears defense counsel did not simply cure this deficiency.  Defendant’s offer to allow Plaintiff to respond to the discovery within 30 days from the date of Plaintiff’s counsel email, did not cure the deficiency.  Rather, Defendant filed the instant motion five days later, arguing that counsel did not have any other email address for service.  (See Brunello Decl., at ¶ 10.)  Because service of the relevant discovery requests was deficient, the motion is denied.

 

Plaintiff shall give notice of this ruling.