Judge: Robert B. Broadbelt, Case: 22STCV04562, Date: 2024-02-26 Tentative Ruling

Case Number: 22STCV04562    Hearing Date: April 12, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Austin Hammesfahr

RESPONDING PARTY:       Defendant Tiffany Summer Kjenstad

(1)   Motion to Compel Further Responses (Defendant Tiffany Summer Kjenstad) and for Trial Continuance

MOVING PARTY:                 Plaintiff Austin Hammesfahr

RESPONDING PARTY:        Defendant Luke Miller Kjenstad

(2)   Motion to Compel Further Responses (Defendant Luke Miller Kjenstad) and for Trial Continuance

The court considered the moving papers, opposing declarations, and reply papers filed in connection with each motion.

DISCUSSION

            Plaintiff Austin Hammesfahr (“Plaintiff”) filed, on August 16, 2023, the pending (1) motion to compel further responses from Tiffany Summer Kjenstad, and (2) motion to compel further responses from Luke Miller Kjenstad.

            At the time that Plaintiff filed these motions, defendants Tiffany Summer Kjenstad (“T. Kjenstad”) and Luke Miller Kjenstad (“L. Kjenstad”) (collectively, “Defendants”) were represented by attorney Peter Clinco (“Counsel”).  On April 20, 2022, Counsel filed an answer on behalf of T. Kjenstad, which listed his address to be 1901 Avenue of the Stars, Suite 1100, Los Angeles, California.  (April 20, 2022 T. Kjenstad Answer, p. 1:1-5.)  On August 4, 2022, Counsel filed an answer on behalf of L. Kjenstad, which listed his address to be 1901 Avenue of the Stars, Suite 1100, Los Angeles, California.  (Aug. 4, 2022 L. Kjenstad Answer, p. 1:1-5.)  Counsel did not file a Notice of Change of Address or other documents with the court changing Counsel’s address of record or listing a different address for Counsel.

            Thus, at the time that Plaintiff filed the pending motions, Counsel’s address of record was 1901 Avenue of the Stars, Suite 1100, Los Angeles, California.  However, Plaintiff served his motions on Defendants, through Counsel, at an address that was not Counsel’s address of record.  (Aug. 16, 2023 POS-030 as to T. Kjenstad, ¶ 5 [stating motion was served on Counsel at “668 North Coast Hwy., Suite 406, Laguna Beach, CA, 92651”]; Aug. 16, 2023 POS-030 as to L. Kjenstad, ¶ 5 [stating motion was served on Counsel at “668 North Coast Hwy., Suite 406, Laguna Beach, CA, 92651”].)  Both Defendants have asserted that they have not since been served with Plaintiffs’ motions to compel.  (T. Kjenstad Decl., ¶ 3; L. Kjenstad Decl., ¶ 3.)  Thus, the court finds that Plaintiff has not properly served Defendants with the motions to compel their further discovery responses.

            The court also notes that Plaintiff filed defective proofs of service of the notice of the court’s February 26, 2024 ruling on Defendants.  The proofs of service, although filed on March 7, 2024, state that the notices of ruling were mailed on April 5, 2024, and therefore are defective.  (Mar. 7, 2024 POS-030 as to T. Kjenstad, ¶ 3 and Attachment; Mar. 7, 2024 POS-030 as to L. Kjenstad, ¶ 3 and Attachment.)

            The court therefore exercises its discretion to continue the hearing on Plaintiff’s motions to ensure that Defendants are properly served with (1) the moving papers filed in connection with the two motions, and (2) notice of the continued hearing date on the motions.

            The court orders that the hearing on plaintiff Austin Hammesfahr’s motion to compel further discovery responses from defendant Tiffany Summer Kjenstad and for a trial continuance is continued to June 6, 2024, at 10:00 a.m., in Department 53.

            The court orders that the hearing on plaintiff Austin Hammesfahr’s motion to compel further discovery responses from defendant Luke Miller Kjenstad and for a trial continuance is continued to June 6, 2024, at 10:00 a.m., in Department 53.

The court orders plaintiff Austin Hammesfahr (1) to serve a notice of this ruling on defendants Tiffany Summer Kjenstad and Luke Miller Kjenstad, and to file a proof of service of the notice of ruling with the court no later than May 6, 2024, and (2) to serve the moving papers filed in connection with the motions to compel further discovery responses on defendants Tiffany Summer Kjenstad and Luke Miller Kjenstad, and to file a proof of service of the moving papers with the court no later than May 6, 2024,

IT IS SO ORDERED.

DATED:  April 12, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court