Judge: Robert B. Broadbelt, Case: 19STCV38890, Date: 2023-03-06 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 19STCV38890    Hearing Date: March 6, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Jason J. Emer, M.D., Professional Corporation

RESPONDING PARTY:       Unopposed

(1)   Motion to Compel Responses to Second Set of Form Interrogatories

(2)   Motion to Compel Responses to Second Set of Special Interrogatories

(3)   Motion to Compel Responses to Fifth Set of Requests for Production of Documents

(4)   Motion for Order Deeming Admissions Admitted

Now pending before the court are the following four motions filed by plaintiff Jason J. Emer, M.D., Professional Corporation (“Plaintiff”) on December 5, 2022: (1) motion to compel responses by defendant Statewide Services Inc. (“Defendant”) to second set of form interrogatories; (2) motion to compel responses by Defendant to second set of special interrogatories; (3) motion to compel responses by Defendant to fifth set of requests for production of documents; and (4) motion for order deeming admissions admitted as to Defendant.

Plaintiff has filed proofs of service as to each motion stating that Defendant was served with the corresponding moving papers on December 5, 2022, by electronic mail attachment to the email address “sja@sjalaw.com.”  However, Defendant’s filings with the court have listed different email addresses as to its attorneys.  First, on January 5, 2021, Defendant filed a Notice of Firm Name Change, which (1) informed the court that Defendant’s counsel changed its name, and (2) listed counsel’s email address to be “Stephen@SJALaw.com.”  Second, Defendant’s pleadings include a caption that lists the email addresses of its attorneys to be “Stephen@sjalaw.com” or “Brandon@sjalaw.com.”  Thus, Plaintiff has not served Defendant with copies of its pending motions at the email addresses listed on the Notice of Firm Change or other pleadings filed by Defendant.

The court therefore exercises its discretion to continue the hearings on these motions to give Plaintiff an opportunity to serve Defendant with the moving papers by electronically serving Defendant’s counsel at their email address(es) of record.

The court orders plaintiff Jason J. Emer, M.D., Professional Corporation to serve defendant Statewide Services Inc. with (1) the moving papers as to each pending motion, and (2) the notice of continuance of hearings in compliance with the Code of Civil Procedure, and to file a proof of service showing service of those papers on Defendant’s counsel at their address(es) of record.   

The court orders that the hearings on the following motions are continued to April 11, 2023, at 10:00 a.m., in Department 53: (1) plaintiff Jason J. Emer, M.D., Professional Corporation’s motion to compel responses by defendant Statewide Services Inc. to second set of form interrogatories; (2) plaintiff Jason J. Emer, M.D., Professional Corporation’s motion to compel responses by defendant Statewide Services Inc. to second set of special interrogatories; (3) plaintiff Jason J. Emer, M.D., Professional Corporation’s motion to compel responses by defendant Statewide Services Inc. to fifth set of requests for production of documents; and (4) plaintiff Jason J. Emer, M.D., Professional Corporation’s motion for order deeming admissions admitted as to defendant Statewide Services Inc.

The court orders plaintiff Jason J. Emer, M.D., Professional Corporation to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 6, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court