Judge: Serena R. Murillo, Case: 21STCV23582, Date: 2023-10-31 Tentative Ruling

Case Number: 21STCV23582    Hearing Date: October 31, 2023    Dept: 31

TENTATIVE

Berkes Crane Santana & Spangler LLP’s motion to quash is DENIED.

Discussion

Non-Party Berkes Crane Santana & Spangler LLP (BCSS) moves to quash Plaintiff’s four motions to compel further and requests for sanctions, and service of those motions, arguing that after BCSS withdrew from representing Defendant in this matter, Plaintiff never personally served BCSS with any of the Motions as required by California law to confer jurisdiction over it – nor has Plaintiff given any notice that any of the Motions have been rescheduled for a later date. Plaintiff subsequently also failed to give BCSS notice of any informal discovery conferences BCSS is informed and believes that an IDC recently was conducted without BCSS being able to participate.

BCSS has not cited to any specific statute which authorizes a court to quash certain motions and the service of such motions. Rather, BCSS cites to law for quashing service of summons and complaint, and for quashing service of subpoenas, only, which are not relevant to this motion. The Court notes that BCSS has filed an opposition to Plaintiff’s motions to compel further on the same grounds as this motion. As such, the Court will address whether BCSS was properly served with the request for sanctions at the hearing on that motion.

Conclusion

Accordingly, BCSS’s motion to quash is DENIED.

Moving party is ordered to give notice. 

***
The Demurrer in this case is taken off calendar. 
The Motions to Compel are continued to a date in january.  Parties to speak with the Judicial ASsistant regarding the hearing date.