Judge: Loren G. Freestone, Case: 37-2022-00016298-CU-DF-CTL, Date: 2023-09-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Defamation Discovery Hearing 37-2022-00016298-CU-DF-CTL CENTER VS CENTER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendant Eric Center's motion to compel Plaintiff Michael Center to respond to form interrogatories – general is DENIED.

A party has no obligation to respond to interrogatories until they are properly served. (See Code Civ.

Proc., §§ 2030.080, subd. (a), 2030.260, subd. (a).) Michael declares that he was never served with the form interrogatories.

There is no formal proof of service for the form interrogatories. (Code Civ. Proc., § 1013a.) Counsel for Eric (Attorney Robert Wright) declares that '[s]ervice was made via U.S. Mail and sent to plaintiff's address on file with the court.' However, in light of Michael's declaration of non-service, Attorney Wright's declaration is too conclusory to establish proper service. (See Rincon v. Burbank Unified School Dist. (1986) 178 Cal.App.3d 949, 955–956.) The motion is therefore denied.

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