Judge: Donald F. Gaffney, Case: De Franco v. City of Laguna Beach, Date: 2022-10-19 Tentative Ruling

TENTATIVE RULING:

Motions to Compel and Motion to Deem Facts Admitted.

Defendant City of Laguna Beach moves for an order compelling Plaintiff Gina De Franco to provide verified responses without objections to Defendant’s Form Interrogatories (set three), Supplemental Interrogatories, and Requests for Production of Documents (set one).  Defendant also moves for an order deeming admitted Defendant’s second set of Requests for Admission.  For the following reasons, the motions are CONTINUED to October 26, 2022, at 9:00 a.m. in Department N16.

The proofs of service attached to the motion, along with the proofs of service attached to the underlying discovery requests, are deficient.  A proof of electronic service must include the electronic service address of the person making the electronic service.  (Code Civ. Proc., § 1013b(b)(1).)  The proof of service attached to the motion does not list the electronic service address of the person making the electronic service.  Instead, only the business physical address, not an email address, is provided for Cindy Cardoso.  The proof of service does not comply with Code Civ. Proc. § 1013b(b).  The proofs of service attached to the underlying discovery requests are defective for the same reasons. Plaintiff did not file an Opposition, so Plaintiff did not waive any defect in service.

The hearing on this motion is continued to allow Defendant an opportunity to file corrected proofs of service.  Defendant shall file corrected proofs of service by October 19, 2022.

Defendant to give notice and submit a proper proof of service of such notice.