Judge: Michael J. Strickroth, Case: 2022-01251580, Date: 2023-08-14 Tentative Ruling

Motion to Compel Answers to Post Judgment Interrogatories

Plaintiff, Irvine Spectrum Center, LLC’s Motion to Compel Responses to Post Judgment Debtor Interrogatories is DENIED.

Plaintiff has not demonstrated service of the post judgment debtor interrogatories to Defendant, TLT Investors II, LLC dba Born From The Lime Truck was proper.

On 12-28-22, Plaintiff filed a Proof of Service regarding Plaintiff’s post judgment interrogatories and request for documents. According to the Proof of Service, on 12-19-2022 at 7:30 AM Defendant was served with the post judgment written interrogatories as follows:

“Substitute served documents to "John Doe", front desk / security (description: Asian, male, 55 yrs., 5’9”, black hair, 190 lbs.). He told me that they would let me up at 9:00 AM, but not before. I told them that I had made previous attempts at other times and that I wanted to make an attempt before 9:00 AM. He said their building policy to not let process servers up before 9:00 AM. I told them that if I was not able to go upstairs then I would substitute serve documents to front desk / security. I stated that I was serving the documents to Daniel Shemtob in suite #1906 as the registered agent for service of TLT Investors II, LLC and left the document on the front desk table with front desk / security employee.” (ROA 36).

Service of written discovery is governed by Code of Civil Procedure section 2016.050, which states: “[s]ections 1011 and 1013 apply to any method of discovery or service of a motion provided for in this title.”

Service by mail was not attempted/pursued here, so Code of Civil Procedure 1013 does not apply.

Code of Civil Procedure section 1011 provides in pertinent part as follows regarding personal service:  “The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:

…

(b) If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the party's residence with some person 18 years of age or older.

(1) any attempt of service upon a party at the party’s residence shall be made between the hours of 8 a.m. and 8 p.m.

(2) if, at the time of service, as provided in paragraph (1), a person 18 years of age or older cannot be found at the party’s residence, the notice or papers may be served by mail.”  Code Civ. Proc. § 1011 (b).

Based on the proof of service (ROA 36), Plaintiff’s service of the post judgment interrogatories on Defendant is defective as it did not comply with Code of Civil Procedure section 1011(b). Specifically, the Proof of Service indicates this attempted service on the security/front desk person was performed at 7:30 am, which is outside of the hours of 8 am to 8 pm specified by Code of Civil Procedure section 1011(b)(1). Therefore, Plaintiff’s service of the post judgment interrogatories does not comply with Code of Civil Procedure section 1011(b)(1).

The motion is denied.  Plaintiff to give notice.

Motion to Compel Responses to Post Judgment Requests for Production

Plaintiff, Irvine Spectrum Center, LLC’s Motion to Compel Responses to Post Judgment Request for Documents is DENIED.

Plaintiff has not demonstrated service of the post judgment debtor request for documents to Defendant, TLT Investors II, LLC dba Born From The Lime Truck was proper.

On 12-28-22, Plaintiff filed a Proof of Service regarding Plaintiff’s post judgment interrogatories and request for documents. According to the Proof of Service, on 12-19-2022 at 7:30 AM Defendant was served with the Post Judgment request for documents as follows:

“Substitute served documents to "John Doe", front desk / security (description: Asian, male, 55 yrs., 5’9”, black hair, 190 lbs.). He told me that they would let me up at 9:00 AM, but not before. I told them that I had made previous attempts at other times and that I wanted to make an attempt before 9:00 AM. He said their building policy to not let process servers up before 9:00 AM. I told them that if I was not able to go upstairs then I would substitute serve documents to front desk / security. I stated that I was serving the documents to Daniel Shemtob in suite #1906 as the registered agent for service of TLT Investors II, LLC and left the document on the front desk table with front desk / security employee.” (ROA 36)

Service of written discovery is governed by Code of Civil Procedure section 2016.050, which states: “[s]ections 1011 and 1013 apply to any method of discovery or service of a motion provided for in this title.”

CCP 1013 does not apply as no service by mail is asserted.

Code of Civil Procedure section 1011 provides in pertinent part as follows regarding personal service:

“The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:

(b) If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the party's residence with some person 18 years of age or older.

(1)    any attempt of service upon a party at the party’s residence shall be made between the hours of 8 a.m. and 8 p.m.

(2)    if, at the time of service, as provided in paragraph (1), a person 18 years of age or older cannot be found at the party’s residence, the notice or papers may be served by mail.”  Code Civ. Proc. § 1011 (b).

Based on the 12-28-22 proof of service, Plaintiff’s service of the post judgment request for documents on Defendant is defective as it did not comply with Code of Civil Procedure section 1011(b). Specifically, the Proof of Service indicates this attempted service on the security/front desk person was performed at 7:30 am, which is outside of the hours of 8 am to 8 pm specified by Code of Civil Procedure section 1011(b)(1). Therefore, Plaintiff’s service of the post judgment request for documents does not comply with Code of Civil Procedure section 1011(b)(1).

The motion is denied.  plaintiff to give notice.