Judge: Stephanie M. Bowick, Case: 23STCV01976, Date: 2023-08-21 Tentative Ruling

Case Number: 23STCV01976    Hearing Date: August 21, 2023    Dept: 19

On the Court's own motion, the following hearings are CONTINUED to September 7, 2023, at 8:30 a.m.

1. The Case Management Conference;

2. Defendant County of Los Angeles Demurrer; and 

3. Defendant Dr. Efrain Antonio Beliz's Special Motion to Strike (CCP 425.16). The Court has only received a courtesy copy of Defendant's opening brief.  The Court also needs a courtesy copy of the reply.  

As to the Demurrer, the Court does not find that Defendant County of Los Angeles has given proper notice.  The Court also has not received a courtesy copy of the Defendant's opening brief.

The proof of service attached to the demurrer papers indicates that Defendant County of Los Angeles served them on Plaintiff electronically pursuant to Code of Civil Procedure section 1010.6.

However, since Plaintiff is a self-represented party, electronic service of the papers on Plaintiff is only permitted if consent has been provided in a manner set forth in Code of Civil Procedure section 1010.6, subdivision (c) and California Rules of Court, rule 2.251, subdivision (b). (See Code Civ. Proc., § 1010.6(c); Cal. R. Ct. 2.251(b); see also Cal. R. Ct., 2.253(b)(3) [“In civil cases involving both represented and self-represented parties or other persons, represented parties or other persons may be required to file and serve documents electronically; however, in these cases, each self-represented party or other person is to file, serve, and be served with documents by non-electronic means unless the self-represented party or other person affirmatively agrees otherwise.”].)

Here, the Court finds that Plaintiff has not consented to electronic service and thus electronic service of the demurrer papers is not permitted on Plaintiff. (Cal. R. Ct., 2.251(f)(2) [“A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order.”].)

Accordingly, the Court continues the hearing. Any opposition and reply papers will be due pursuant to code in accordance with the new hearing date.

Counsel for Defendant County of Los Angeles is ordered to properly serve the papers and to give notice of the new hearing date.


Counsel for Defendant County of Los Angeles to give notice of this order in its entirety.