Judge: Nick A. Dourbetas, Case: 2020-01162714, Date: 2022-11-18 Tentative Ruling

1. Motion for Discovery
2. Motion to Compel Answers to Form Interrogatories
3. Motion to Compel Answers to Special Interrogatories
4. Motion to Compel Production

Motions No. 1-3:

The Hearing on Defendant’s Motions to Compel Responses to Form and Special Interrogatories and Inspection Demands are CONTINUED to December 9, 2022, at 9:30 a.m.

The proofs of service for the moving papers are defective. Calif. Code of Civil Procedure, section 1013b requires that a proof of electronic service state the electronic service address of the person who served the pleading. (See Code Civ. Proc. § 1013b, subd. (b)(1).) Additionally, the proof of service via FedEx is defective because it fails to state that the delivery fees were paid or provided for. (See Code Civ. Proc. § 1013, subd. (c).)

In the absence of any responsive pleadings, the court cannot determine whether the notices of motion were served in compliance with Calif. Code of Civil Procedure, section 1005, subdivision (b).

Defendant is ordered to file and serve Code-compliant proofs of service for these motions within five days.

Defendant may also wish to confirm that the proofs of service for the disputed discovery are also Code-compliant.

Motion No. 4:

The Hearing on Defendant’s Motion to Compel Statement of Damages is CONTINUED to December 9, 2022, at 9:30 am.

The proof of service for the moving papers is defective. Calif. Code of Civil Procedure, section 1013b requires that a proof of electronic service state the electronic service address of the person who served the pleading. (See Code Civ. Proc. § 1013b, subd. (b)(1).)

Additionally, the proof of service via FedEx is defective because it fails to state that the delivery fees were paid or provided for. (See Code Civ. Proc. § 1013, subd. (c).)

In the absence of any responsive pleadings, the court cannot determine whether the notice of motion was served in compliance with Calif. Code of Civil Procedure, section 1005, subdivision (b).

Defendant is ordered to file and serve Code-compliant proof of service for this motion within five days.

Defendant may also wish to confirm that the proof of service for the disputed demand for Statement of Damages is also Code-compliant.

Defendant is ordered to give notice of all the above.