Judge: Michelle C. Kim, Case: 22STCV16901, Date: 2024-05-24 Tentative Ruling

Case Number: 22STCV16901    Hearing Date: May 24, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MARIA QUINTERO and BREANNA RIOS, 

Plaintiff(s),  

vs. 

 

KANDICE ALEXANDER SISCO, INC., ET AL.,¿ 

 

Defendant(s). 

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      CASE NO: 22STCV16901 

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL DEPOSITION  

 

Dept. 31 

1:30 p.m.  

May 24, 2024 

 

Plaintiffs Maria Quintero and Breanna Rios (collectively, “Plaintiffs”) move to compel defendant Kandice Alexander Sisco (“Sisco”) to appear for her deposition. Sisco is in pro per.  

First, Plaintiffs have not demonstrated there had been proper service of the deposition notice upon Sisco. Plaintiffs served Sisco with the deposition notice on September 19, 2023 by electronic mail only. (Mot. Exh. A.) Plaintiffs’ counsel declares that he called Sisco on September 28, 2023, in which Sisco assured him that she would appear for her deposition. However, notwithstanding her awareness of the deposition at the time of contact, CCP § 1010.6(c) provides that an unrepresented must expressly consent or manifest affirmative consent to electronic service. Plaintiffs’ counsel’s declaration does not provide any specification or address whether Sisco had agreed to electronic service.  

Second, Sisco was served with the moving papers by electronic mail only. For the same reasons as above regarding CCP § 1010.6(c), there is no showing that Sisco had expressly consented to service by electronic means.  

Accordingly, the motion is denied without prejudice.  

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 23rd day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court