Judge: Melvin D. Sandvig, Case: 24CHCV00210, Date: 2025-06-03 Tentative Ruling
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Case Number: 24CHCV00210 Hearing Date: June 3, 2025 Dept: F47
Dept. F47
Date: 6/3/25
Case #24CHCV00210
2 MOTIONS TO
COMPEL
Motions filed on 12/5/24.
MOVING PARTY: Defendant State Farm Insurance Company
RESPONDING PARTY: Plaintiff Sergey Matevosyan
RELIEF REQUESTED:
(1) An order compelling responses to Defendant
State Farm Insurance Company’s Form Interrogatories, Set 1, and Special
Interrogatories, Set 1. Additionally,
Defendant requests an order imposing sanctions in the amount of $742.50 against
Plaintiff; and
(2) An order
compelling responses to Defendant State Farm Insurance Company’s Requests for
Production of Documents, Set 1. Additionally,
Defendant requests an order imposing sanctions in the amount of $742.50 against
Plaintiff.
RULING: The motions are placed off calendar.
On 1/19/24, Plaintiff Sergey Matevosyan (Plaintiff) filed
this action against Defendant State Farm Insurance Company (Defendant) alleging
causes of action for breach of contract and breach of the implied covenant of
good faith and fair dealing. Defendant
answered the complaint on 8/21/23.
On 5/6/24, Defendant served Plaintiff with discovery,
including the first set of Form Interrogatories, Special Interrogatories,
Requests for Production of Documents and Requests for Admissions making
responses due 6/7/24. (Reynolds Decls.,
Ex.A). On 6/20/24, Plaintiff requested
an extension to provide responses which was denied because responses were
overdue. (Reynolds Decls., Ex.B). Defendant informed Plaintiff that
objection-free responses were due by 6/28/24; otherwise motions to compel would
be filed. Id. Plaintiff failed to serve responses. (Reynolds Decls.).
On 12/5/24, Defendant filed and served the instant
motions seeking:
(1) An order compelling responses to Defendant’s Form
Interrogatories, Set 1, and Special Interrogatories, Set 1. Additionally, Defendant requests an order
imposing sanctions in the amount of $742.50 against Plaintiff; and
(2) An order compelling responses to Defendant’s. Additionally, Defendant requests an order
imposing sanctions in the amount of $742.50 against Plaintiff.
Plaintiff has not opposed or otherwise responded to the
motions. On 5/27/25, Defendant filed and
served Notices of Non-Oppositions to the motions.
ANALYSIS
The proofs of service attached to the motion papers
indicate that on 12/5/24, the motions were served by email or electronic
transmission on Plaintiff’s counsel at jeff@hofferfamilylawfirm.com and
on 5/27/25 the Notices of Non-Opposition were served on the same email
address. However, the email address of
record for Plaintiff’s counsel in eCourt is mishik316@gmail.com. Additionally, the email address from which
Plaintiff’s counsel sent the request for an extension is myeganyan@yahoo.com. (See Reynolds Decl., Ex.B). There is nothing in the court file that
indicates jeff@hofferfamilylawfirm.com
is the email address for Plaintiff’s counsel.
Since there is no opposition or other response to the
motion, it cannot be determined that Plaintiff had notice of the motions.
CONCLUSION
The motions are placed off calendar due to defective
service.