Judge: Mark E. Windham, Case: 21STLC05201, Date: 2022-08-29 Tentative Ruling

Case Number: 21STLC05201    Hearing Date: August 29, 2022    Dept: 26

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions is CONTINUED TO OCTOBER 24, 2022 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 10, 2022, MOVING PARTY IS TO FILE PROOF OF SERVICE OF THE MOVING PAPERS AND NOTICE OF NEW HEARING DATE. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTION BEING DENIED.

SERVICE OF MOTION:

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) NO

[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK

SUMMARY OF COMPLAINT: Action for automobile subrogation.

REQUEST FOR RELIEF: Compel Defendant Santillan to provide verified responses to form interrogatories, set one, without objections. Award Plaintiff sanctions of $660.00.

OPPOSITION: None filed as of August 25, 2022. 

REPLY: None filed as of August 25, 2022. 

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) propounded Form Interrogatories, Set One, on Defendant Alejandro Santillan (“Defendant Santillan”) on February 3, 2022. (Motion, Pillemar, Exh. 1.) Following Defendant Santillan’s failure to respond, Plaintiff extended the deadline to serve verified responses. (Motion, Taylor Decl., Exh. 2.) Following no response from Defendant Santillan after the extended deadline, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions on June 23, 2022. To date, no opposition has been filed.

The proof of service of the Motion indicates that the papers were served to defense counsel at the email address AChapman@cgdlaw.com. (Motion, Proof of Service.) This does not match the email address on Defendant’s Answer (service@cgdrlaw.com), nor in the Court’s system (achapman@cgdrblaw.com). Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Based on Plaintiff’s failure to demonstrate proper notice of the Motion and hearing date, the Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions is CONTINUED TO OCTOBER 24, 2022 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 10, 2022, MOVING PARTY IS TO FILE PROOF OF SERVICE OF THE MOVING PAPERS AND NOTICE OF NEW HEARING DATE. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTION BEING DENIED.

Moving party to give notice.