Judge: Linda S. Marks, Case: 2021-01231830, Date: 2023-07-24 Tentative Ruling

1. Motion to Compel Answers to Form Interrogatories
2. Motion to Compel Production
3. Motion to Compel Response to Requests for Admissions filed by Jill Fryklund on 3/14/23

The motion is unopposed. However, according to the proofs of service provided, neither the motion nor the amended notice of motion was properly served. Both were served by email, but the address shown for Defendant’s counsel is incorrect. The address shown on both proof of service is “bphilips@philipslawcorporation.com.” However, Mr. Phillips’ surname and law firm are spelled with two “l’s”.

While this issue alone would not necessarily warrant denial of the motion, in examining the service of the underlying discovery requests, the proofs of service also indicate that they were served exclusively by email on the incorrect address. The email address that the discovery requests were served upon was “bphillips@phillipslawcorportion.com.” While the surname “Phillips” is correctly spelled with two “l’s,” the word “corporation” is missing the letter “a.” (Peach Decl., Exhs. 1-3.)

Plaintiff’s counsel declares that a meet and confer letter was also sent to Defendant’s counsel, and that, though Defendant’s counsel subsequently called Plaintiff’s counsel to discuss potential settlement, Defendant’s counsel “made no indication that DeCinces planned to respond to Ms. Fryklund’s discovery requests or when he planned to do so.” (Peach Decl. ¶12.) The meet and confer letter was also sent exclusively by email to the same incorrect address as the discovery requests. (Peach Decl., Exh. 4.)

It appearing to the court that Defendant was not served with the discovery requests or the motion, or even the meet and confer letter, the court cannot grant the requested relief.

Tentative Ruling: Plaintiff Jill Fryklund’s Motion to Compel Discovery Responses (Set One) is DENIED.

Plaintiff to give notice.