Judge: Nick A. Dourbetas, Case: 2019-01115809, Date: 2022-07-29 Tentative Ruling

1. Motion to Compel Answers to Special Interrogatories

2. Motion to Compel Answers to Special Interrogatories

3. Motion to Compel Production

4. Motion to Compel Production


Plaintiff Chicago Title Insurance Company’s motions to compel defendants Francesco Tripepi and Antonietta Guistra to provide responses to Special Interrogatories, Set Three, and Request for Production of Documents, Set Two, are DENIED, due to defective service of the underlying discovery.  (Code Civ. Proc., §§ 2030.080, subd. (a) [“party propounding interrogatories shall serve a copy of them on the party to whom the interrogatories are directed”], 2031.040 [same re: inspection demands].) 


The subject discovery was served to defendants at 31472 Isla Vista, Laguna Niguel, CA 92647.  Per moving plaintiff, this address was listed on Substitution of Attorney forms previously served by defendants.  (Ragland Decl. in support of respective motions, ¶ 4.) However, this address was not defendants’ address of record at the time of service. 


This court has previously found that the Substitution of Attorney form filed on 11-1-21 by Antonietta Guistra was defective due to a missing address and telephone number, and that the court’s records reflect that defendant Guistra is still represented by attorney Eric Willens.  [See 1-21-22 minute order (ROA 182), and 6-24-22 minute order (ROA 236).]  This court has also found that defendant Tripepi attempted to file a Substitution of Attorney form around the same time, which was rejected by the clerk’s office on 11-4-21; Tripepi did not file an effective Substitution of Attorney Form until 3-3-22, reflecting his current address of record as 2468 Sharon Oaks Drive, Menlo Park, CA 94025.  [Id.]  Thus, at the time the subject discovery was served, the address at 31472 Isla Vista, Laguna Niguel, CA 92647, was not an address of record for either defendant.


Clerk shall give notice.