Judge: Lynne M. Hobbs, Case: 23STCV20818, Date: 2024-03-01 Tentative Ruling

Case Number: 23STCV20818    Hearing Date: March 1, 2024    Dept: 30

TENTATIVE

Defendant Maria Desio’s motions to compel responses to form interrogatories, special interrogatories, and requests for production for documents and request for sanctions are DENIED without prejudice.

Moving party is ordered to give notice.  

Discussion

The Court denies the motions on procedural grounds.

On October 27, 2023, Defendant served Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, on Plaintiffs. (Vallejo Decl., ¶ 2; Exh. A.) The responses were due on November 28, 2023. Plaintiff did not serve responses within the original due date. Plaintiff never requested an extension of time in which to respond.

Service by electronic service is authorized with conditions, such as express consent or court order. (CCP §1010.6; CRC Rule 2.251(a).) There does not appear to be a notice of consent on record with the Court and Defendant provides no evidence that Plaintiff’s counsel consented to electronic service. Moreover, the email address to which Defendant served this motion and the discovery at issue is different from the email address Plaintiff’s counsel provided on the complaint in this matter. As such, it appears the discovery and motions have not been properly served.