Judge: Nick A. Dourbetas, Case: 2021-01201399, Date: 2022-08-12 Tentative Ruling

1. Motion to Compel Answers to Form Interrogatories

2. Motion to Compel Answers to Form Interrogatories

3. Motion to Compel Answers to Special Interrogatories

4. Motion to Compel Answers to Special Interrogatories

5. Motion to Compel Production

6. Motion to Compel Production

7. Motion to Deem Facts Admitted

Defendant WRC Newport LLC dba Hyatt Regency Newport Beach’s motions to compel plaintiffs Benet Benfield and Spring Benfield to provide responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production, Set One, and to deem Requests for Admissions, Set One, to plaintiff Spring Benfield as admitted, are CONTINUED to November 18, 2022 in order for moving party to correct defective service. 

The proofs of service for all motions are defective, as the sender’s electronic service address is missing.  (Code Civ. Proc., § 1013b, subd. (b)(1).  There is no Opposition or other responsive pleading by plaintiffs waiving this defect.  (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 698 [response on merits can waive service defect].) 

Moving party shall re-serve the motions to plaintiffs, along with a notice of continuance, and shall file a compliant proof of service at least five court days prior to the continued hearing date.

Moving party shall give notice.