Judge: Kerry Bensinger, Case: 23STCV30211, Date: 2024-03-14 Tentative Ruling

Case Number: 23STCV30211    Hearing Date: March 14, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      March 14, 2024                                             TRIAL DATE:  Not set

CASE:                         Sophia Henry, General Executrix/Affiant/Plaintiff v. Rob Bonta, Acting as California Attorney General for State of California, et al.

CASE NO.:                      23STCV30211

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

MOVING PARTY:               Plaintiff Sophia Henry

RESPONDING PARTY:     No opposition

On December 16, 2023, Plaintiff, Sophia Henry, filed this action against Defendant Rob Bonta, acting as California Attorney General for the State of (“Bonta”) , among other defendants, arising from the denial of Plaintiff’s Paid Family Leave claim.  Plaintiff is self-represented.

On February 21, 2024, Plaintiff filed this motion for an order establishing admissions in the Requests for Admissions, Set One, against Bonta.  

This motion is improper.  “Every section of the Discovery Act pertaining to any method of discovery enumerated in § 2019.010 et seq. is subject to a holding period after service on a defendant (or requires that the party to whom the discovery is directed has been served with the summons and complaint). [California Shellfish, Inc. v. United Shellfish Co. (1997) 56 CA4th 16, 22, 64 CR2d 797, 799].”  (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group 2023) ¶ 8:39.6.)

Here, Plaintiff has not affected proper service of the summons and complaint on Bonta.  (See Notice of Rejection Default/Clerk’s Judgment, 3/05/24.)  Because Plaintiff has not properly served Bonta with the summons and complaint, Plaintiff may not serve discovery on Bonta, let alone file a motion to compel answers to discovery, or as here, deem requests for admissions admitted against Bonta. 

            Accordingly, the motion is DENIED without prejudice.  Plaintiff must properly serve the summons and complaint prior to serving discovery on Defendant Bonta, or on any other defendant named in this matter.

            The court further notes that Plaintiff has filed a motion to compel answers to interrogatories from Defendant Bonta and Defendant Ana M. Lasso, acting as Director of Department of General Services of Risk and Insurance Management for State of California, Employment Development Department.  That motion is scheduled for April 18, 2024.  Given that Plaintiff has not properly served any defendant in this action, the court takes the April 18, 2024, motion off calendar.

Clerk of the court to give notice. 

Dated:   March 14, 2024