Judge: Mark C. Kim, Case: 21LBCV00424, Date: 2023-04-18 Tentative Ruling

Case Number: 21LBCV00424    Hearing Date: April 18, 2023    Dept: S27

On 1/24/23, Plaintiff and Cross-Defendant, Say Eng filed this motions to compel further responses, setting them for hearing on 2/21/23.  Proof of service was filed showing service on Defendant, Maria I. Haban by email service on her attorney, C. Tracey Kayser. 

On 2/02/23, Haben filed a substitution of attorney, pursuant to which Kayser ceased representing her and she commenced representing herself. 

On 2/06/23, Eng filed a notice of continuance of the hearing date on the motions, which reflects the current hearing date of 4/18/23.  Eng filed proof of service of the notice on Haban by email at mh18308@yahoo.com. 

Pursuant to CRC 2.251(c)(3)(B), self-represented parties can only be served by email if they serve and file a notice specifically consenting to email service.  The Court has reviewed its file and has not located any such notice.  If the Court were to deny the motions on this ground, Eng would not be able to re-file them due to the 45-day deadline.  The Court is therefore inclined to continue the hearing date on the motions for one month, to Thursday, 5/18/23 at 8:30 a.m. in Department S27 of the Long Beach Courthouse, and to require proper proof of service of the motions, with statutory notice, to be filed.

If Haban appears at the hearing and waives service, the Court will hear any argument concerning the propriety of the responses.  Eng met her burden to show the responses to the supplemental discovery are deficient for the reasons stated in the moving papers, and Haban must satisfy the Court that the responses are actually sufficient if she appears and argues.  The Court will also hear argument concerning sanctions, which it will impose unless Haban meets her burden to show good cause or substantial justification for her deficient responses. 

If the parties submit on the tentative, then the hearing date will be continued as detailed above. 

Eng is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.