Judge: Martha K. Gooding, Case: 21-01236286, Date: 2023-05-15 Tentative Ruling

Motion to Compel Physical/Mental Examination

Defendant The Beachcomber Cafe at Crystal Cove (“Defendant”) seeks an order compelling Plaintiff Michelle Mattos (“Plaintiff”) to appear for an orthopedic examination and for sanctions against Plaintiff in the amount of $496.50. 

The hearing on the Motion is CONTINUED to June 12, 2023, at 1:30 p.m.

Defendant electronically served the moving papers.  However, Defendant’s proof of service did not comply with Code of Civil Procedure 1013b, subdivision (b)(1), which requires the proof of service to include the electronic service address of the person making the electronic service.  Plaintiff did not file an opposition to the request, which raises a question whether service was properly effected.  The hearing is continued to permit the motion to be re-served, if necessary, and a valid proof of service to be filed.

The Court notes Plaintiff’s counsel has not filed a proof of service showing the signed order granting Plaintiff’s counsel’s motion to be relieved as Plaintiff’s attorney of record was served on all parties, including Plaintiff.  That means Mr. Rapillo remains Plaintiff’s attorney of record.

There is also another motion to be relieved as counsel filed by Mr. Rapillo set for hearing on 5/22/2023.  Because the motion seeks the same relief previously granted on 3/22/2023, the 5/22/2023 hearing is VACATED.