Judge: Jill Feeney, Case: 21STCV19844, Date: 2023-02-23 Tentative Ruling
Case Number: 21STCV19844 Hearing Date: February 23, 2023 Dept: 30
Department 30, Spring Street Courthouse
February 23, 2023
21STCV19844
-Motion to Compel Plaintiff’s Responses to Special Interrogatories (Set One) and Request for Monetary Sanctions filed by Defendants
- Motion to Compel Plaintiff’s Responses to Form Interrogatories (Set One) and Request for Monetary Sanctions filed by Defendants
- Motion to Compel Plaintiff’s Responses to Request for Production (Set One) and Request for Monetary Sanctions filed by Defendants
DECISION
The three motions are denied without prejudice.
Moving party to provide notice by mail and to file proof of such service within five court days after the date of this order.
Discussion
Under Code of Civil Procedure section 1010.6 subdivision (a)(2)(A)(ii), “[f]or cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is authorized if a party or other person has expressly consented to receive electronic service in that specific action, the court has ordered electronic services on a represented party or other represented person…or the document is served pursuant to the procedures specified in subdivision (e).” Subdivision (e) provides that a party represented by counsel who has appeared in a proceeding shall accept electronic service of a notice or document that may be served by mail/express mail, overnight delivery, or facsimile transmission if the serving party confirms by telephone or email the appropriate electronic service address for counsel being served.
“Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service.” (Code Civ. Proc. § 1010.6(a)(2)(A)(ii).)
Each motion here attaches a proof of service indicating that it was served by email on the pro per plaintiff in this case. However, the Plaintiff has not expressly consented to electronic service. For this reason, the motions are denied without prejudice.
