Judge: Stephen I. Goorvitch, Case: 24STCP00957, Date: 2025-01-17 Tentative Ruling

Case Number: 24STCP00957    Hearing Date: January 17, 2025    Dept: 82

Sylvia Bedrossian v. California State Personnel Board, et al.

Case No. 24STCP00957

Motion to Quash

            Petitioner Sylvia Bedrossian (“Petitioner”) filed this petition for writ of mandate challenging her five-day suspension for failing to recognize and report three simulated phishing emails.  On October 30, 2024, the State Compensation Insurance Fund, which is the real party in interest (the “real party”), filed a motion to quash due to lack of service.  The court held a hearing on December 5, 2024, at which counsel for the real party asked to be served “by having a copy of the petition and two copies of the notice and acknowledgment of receipt” sent to him directly.  (See Court’s Minute Order, dated December 5, 2024.)  Petitioner represented that she would have her attorney service do so and would file a proof of service.  (See ibid.) 

            On December 17, 2024, Petitioner filed an opposition stating that she served the petition and two copies of the notice of acknowledgment and receipt form.  This representation is not contained within a sworn declaration; the representation does not make clear whether Petitioner or her attorney service served the documents; and there is no proof of service on file.  However, Respondent did not file a reply brief or otherwise dispute this representation. 

            Based upon the foregoing, the court does not have sufficient information to resolve the motion.  The parties shall be prepared to discuss these issues.