Judge: Loren G. Freestone, Case: 37-2022-00049111-CU-PA-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2022-00049111-CU-PA-CTL PETTIS VS TIO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendant Meleane Tio's motion to compel Plaintiff Tammy Jarrett to provide initial responses to form interrogatories, special interrogatories, and requests for production is DENIED.

A party has no obligation to respond to interrogatories or requests for production until they are properly served. (See Code Civ. Proc., §§ 2030.080, subd. (a), 2030.260, subd. (a), 2031.040, 2031.260, subd.

(a).) The address listed on Jarrett's substitution of attorney is '7820 Paradise Valley Rd Unit 7G, San Diego, CA 92139.' However, the discovery requests were mailed to '7820 Paradise Valley Rd, San Diego, CA 92139.' Service was therefore defective. (See Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 288–289 ['service of papers to an incorrect address is not acceptable notice']; Triumph Precision Products, Inc. v. Insurance Co. of North America (1979) 91 Cal.App.3d 362, 365 ['Where the envelope containing the notice is improperly addressed, it is as though notice were never mailed'].) As the discovery requests were not properly served, the motion to compel is denied.

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