Judge: Kimberly Knill, Case: 30-2022-01253074-CU-CO-CJC, Date: 2023-07-21 Tentative Ruling

Plaintiff’s Motion to Compel Responses to Special Interrogatories (Set One) and Request for Monetary Sanctions

Plaintiff Mark Dean moves to compel responses to special interrogatories (set one) from Defendant Kent Burner is CONTINUED to 8/25/2023 at 10:00 AM. Counsel for plaintiff and self-represented defendant are ordered to personally appear at the continued hearing.  No Zoom appearances will be permitted.

Code of Civil Procedure section 1010.6 governs electronic service of documents. Under section 1010.6, subdivision (c), an unrepresented party may consent to receive electronic service and express consent may be given by either of the following: “(i) Serving a notice on all parties and filing the notice with the court. (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. The act of electronic filing shall not be construed as express consent.” (Code Civ. Proc., § 1010.6, subd. (c)(3).) “Consent… to receive electronic service may only be completed by a person entitled to service.” (Id., § 1010.6, subd. (c)(5).)

Defendant is self-represented. Plaintiff served defendant with this motion by e-mail only. (ROA 87.) Service is improper because there is nothing in the record to show defendant consented to e-service. While defendant electronically filed his answer and provided an email address, the act of e-filing alone does not demonstrate consent. Since there is no opposition, it is not clear whether defendant received service of the motion.

Plaintiff is ORDERED to mail serve defendant with the motion, along with a notice of continued hearing, and to file a proof of service with sufficient notice per Code.

Although not required under the Code, plaintiff is further ORDERED to meet and confer in good faith with defendant telephonically or in person (not email) in an effort to avoid the need for court intervention in discovery matters.

Failure to comply with this order may result in sanctions against the non-compliant party or their counsel pursuant to Code of Civil Procedure section 177.5.

The parties are strongly encouraged to familiarize themselves with Department C17’s General Policies and Procedures listed on the court’s website.

Clerk to give notice of ruling