Judge: Mark E. Windham, Case: 22STLC01088, Date: 2023-03-14 Tentative Ruling

Case Number: 22STLC01088    Hearing Date: March 14, 2023    Dept: 26

  Kang v. Ponce, et al.


MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2031.300, 2023.010)

TENTATIVE RULING:  

Defendant Jose Ponce’s Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions is DENIED WITHOUT PREJUDICE.

ANALYSIS:

Defendant Jose Ponce (“Defendant”) filed and served the instant Motion to Compel Responses to Request for Production of Documents, Set One, Request for Sanctions, on February 28, 2023. No oppositions have been filed to date.

The Motion fails 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 Motion should have been served on Plaintiff by electronic mail by February 15, 2023. (Code Civ. Proc., §§ 1005, 1010.6, subd. (a)(4)(B).) Nor is there any indication that Plaintiff waived the defective notice.

Accordingly, the Motion is denied without prejudice.

Conclusion

Defendant Jose Ponce’s Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions is DENIED WITHOUT PREJUDICE.

Court clerk to give notice.