Judge: Mark E. Windham, Case: 22STLC01088, Date: 2023-03-09 Tentative Ruling

Case Number: 22STLC01088    Hearing Date: March 9, 2023    Dept: 26

Kang v. Ponce, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)
TENTATIVE RULING:  

Defendant Jose Ponce’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions are DENIED WITHOUT PREJUDICE.

ANALYSIS:

Defendant Jose Ponce (“Defendant”) filed and served the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One, Request for Sanctions, on February 28, 2023. No oppositions have been filed to date.

The Motions fail to provide Plaintiff Samnang Kang (“Plaintiff”) the requisite statutory notice and due process. (See Code Civ. Proc., §§ 1005, 1013; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Motions should have been served on Plaintiff by electronic mail by February 14, 2023. (Code Civ. Proc., §§ 1005, 1010.6, subd. (a)(4)(B).) Nor is there any indication that Plaintiff waived the defective notice.

Accordingly, the Motions are denied without prejudice.

Conclusion

Defendant Jose Ponce’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions are DENIED WITHOUT PREJUDICE.

Court clerk to give notice.