Judge: Melvin D. Sandvig, Case: 21CHCV0044, Date: 2023-10-19 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21CHCV0044    Hearing Date: October 19, 2023    Dept: F47

Dept. F47

Date: 10/19/23

Case #21CHCV00444

MOTION FOR TERMINATING SANCTIONS

Motion filed on 9/25/23.

MOVING PARTY: Defendant Handy Technologies, Inc.

RESPONDING PARTY: Plaintiffs Edmond Niknammoghadam and April Nicholson

RELIEF REQUESTED: An order granting terminating sanctions against Plaintiffs Edmond Niknammoghadam and April Nicholson in the form of a dismissal of the First Amended Complaint. 

RULING: The motion is placed off calendar. 

On 9/25/23, pursuant to Defendant Handy Technologies, Inc.’s (Defendant) request, this Court advanced the hearing date on Defendant’s Motion for Terminating Sanctions from 12/20/23 to that date and continued it to 10/19/23.  (See 9/25/23 Minute Order).  The Minute Order notes that the Court was merely granting an earlier hearing date and not shortening time of the briefing schedule.  Id.

On 9/25/23, Defendant filed and served by U.S. mail and electronic mail the instant motion seeking an order granting terminating sanctions against Plaintiffs Edmond Niknammoghadam and April Nicholson (who are representing themselves in this action) in the form of a dismissal of the First Amended Complaint.  (See Proof of Service for Motion, Motion pdf p.13).  The service is defective and there are no responses to the motion to cure the defects in service.

Service of the motion on 9/25/23 by U.S. mail does not provide the required 16 court days plus 5 calendar days notice before the 10/19/23 hearing date.  CCP 1005(b).

When electronic service of a motion is permitted, it requires 16 court days plus 2 court days notice.  CCP 1005(b); CCP 1010.6(a)(3)(B).   

With regard to electronic service, CCP 1010.6(c)(1) provides:

“This subdivision applies to electronic service by consent of an unrepresented person in a civil action.

(2) An unrepresented party may consent to receive electronic service.

(3) Express consent to electronic service may be given by either of the following:

(i) Serving a notice on all parties and filing the notice with the court.

(ii) Manifesting affirmative consent through electronic means with the court or the court's electronic filing service provider, and concurrently providing the party's electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.”

Defendant has failed to establish that Plaintiffs, who are unrepresented, have consented to electronic service in this action by one of the accepted statutory methods.  Additionally, email addresses do not appear in eCourt for either Plaintiff.  Further, while the email address Plaintiff April Nicholson was served at (april@realtygig.co) appears on a document she has filed, the email address where Plaintiff Edmond Niknammoghadam was served (edmondniknammoghadam@gmail.com) does not match the email addresses on documents he has filed (edmond.niknam.moghadam@gmail.com and edwardloans8@gmail.com).