Judge: Lee W. Tsao, Case: 23NWCV00215, Date: 2023-08-23 Tentative Ruling
Case Number: 23NWCV00215 Hearing Date: August 23, 2023 Dept: C
S-h, llc v. grigoryan
CASE NO.: 23NWCV00215
HEARING: 8/23/23 @ 9:30 AM
#2
Plaintiff S-H, LLC’s Motions to Compel
Responses to Form Interrogatories, Requests for Production, and Requests for
Admission are DENIED.
Moving Party to give NOTICE.
Plaintiff S-H, LLC (Plaintiff) moves for an
order compelling responses to its Form Interrogatories, Requests for
Production, and Requests for Admission pursuant to CCP § 2030.260, 2031.300,
and 2033.280. These motions are unopposed.
This
is a commercial unlawful detainer action related to a Bell Gardens property.
Plaintiff alleges on January 12, 2023 it demanded Defendant Sergey Grigoryan
(Defendant) repay the $46,761.08 outstanding on the lease. Defendant did not
repay the outstanding amount and Plaintiff seeks $388.68 per day beginning
February 1, 2023.
Legal
Standard
“The
party propounding interrogatories shall serve a copy of them on the party to
whom the interrogatories are directed.” (CCP § 2030.080.)
“The
party making a demand for inspection, copying, testing, or sampling shall serve
a copy of the demand on the party to whom it is directed and on all other
parties who have appeared in the action.” (CCP § 2031.040.)
“The
party requesting admissions shall serve a copy of them on the party to whom
they are directed and on all other parties who have appeared in the action.”
(CCP § 2033.070.)
Discussion
This Court has previously ruled that
Plaintiff’s notice as to service of the Complaint and the June 15, 2023 Ex Parte
Application were improper for serving the documents on the incorrect address
and by methods not authorized by Defendant’s counsel. Plaintiff has routinely
served documents related to this lawsuit at the 3780 Kilrov Airport Way, Suite
200, Long Beach, California 90806 address despite being informed that
Defendant’s counsel does not accept service at this address. Defendant’s
counsel’s pleadings in this matter indicate that the proper address is 10262
Foothill Boulevard, Like View Terrace, California 91342. The written discovery
requests subject to the motions were all served on the Airport Way address.
Thus, service was improper, and Plaintiff’s motions must be denied.
Accordingly,
Plaintiff S-H, LLC’s Motions to Compel Responses to Form Interrogatories,
Requests for Production, and Requests for Admission are DENIED.
Pursuant to CCP § 1010.6(a)(2)(A)(ii), Plaintiff
is hereby ORDERED to use either of the following methods of service upon
Defendant’s counsel, unless otherwise required by law:
By
mail (including express and overnight delivery) :
10262
Foothill Boulevard
Lake
View Terrace, CA 91342
Electronically: