Judge: Nick A. Dourbetas, Case: 2021-01203767, Date: 2022-07-22 Tentative Ruling
1. Motion to Compel Production
2. Motion to Compel Production
3. Motion to Compel Production
4. Motion to Compel Production
5. Motion to Deem Facts Admitted
6. Motion to Deem Facts Admitted
7. Motion to Deem Facts Admitted
8. Motion to Deem Facts Admitted
The Hearing on Defendant Valentino Acevedo’s Motions to Compel Responses to Inspection Demands and Deem Request for Admissions is continued to October 28, 2022.
The proof of service for the opposition 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).) In the absence of a responsive pleading, the court cannot determine whether the opposition was served in compliance with Calif. Code of Civil Procedure, section 1005, subdivision (b).
Plaintiff to file a competent, Code-compliant proof of service for the oppositions within five days.
Reply to be filed and served per the Code of Civil Procedure based upon the continued hearing date.
Plaintiffs are ordered to give notice.
ALTERNATIVE RULING, if defendants waive defective notice and appear to argue the merits of the opposition.
Defendant Valentino Acevedo’s Motions to Compel Responses to Inspection Demands and Deem Request for Admissions are DENIED as moot. (See Code Civ. Proc. §§ 2031.300 & 2033.280.)
Plaintiffs’ counsel’s declaration admits receipt of the disputed discovery demands on 12/27/22. (Yakim Dec. ¶ 6.)
The motion is moot based upon service of verified responses while these motions were pending. (Yakim Dec. ¶ 7.)
The court retains the power to impose sanctions notwithstanding service of responses while the motion is pending. (See Calif. Rule Court, rule 3.1348(a).)
The court imposes sanctions in the amount of $292.50 against each plaintiff. All sanctions to be paid to counsel for defendants within thirty days.
Defendants are ordered to give notice.