Judge: Theodore R. Howard, Case: 20-1164195, Date: 2022-09-29 Tentative Ruling

The hearing on the Motion to Strike Answer for Failure of Defendants to Comply with Court Ordered Discovery, etc. filed by Plaintiff Arch7 LLC  (“Plaintiff”) on 4/26/22 appears well-taken, as it reflects a continued failure by Defendant Plutos Sama Holdings, Inc. (“Plutos”) to respond to discovery, despite prior court orders requiring it to do so. 

However, the Court previously noted concerns as to adequate service, as the proofs of service on both the Notice of Ruling filed on 4/1/22, and on this Motion, reflected a slightly different mailing address for defense counsel (Suite 400 rather than Suite 420).  Plaintiff’s counsel filed a supplemental declaration on 9/26/22 which adequately explains the discrepancy.  But the attachment also shows that defense counsel requested e-service as of 3/3/22.  It does not appear that Plaintiff complied with that request for any of the subsequent filings, despite the requirements of C.C.P. § 1010.6(e)(2).  The Court will therefore grant one additional continuance for this Motion, to October 20, 2022 at 1:30 pm.  At least 9 court days prior to that continued hearing date, Plaintiff is to file: (a) a Notice of Continuance for this hearing, reflecting service by both email and mail; and (b) a Supplemental Declaration from counsel, confirming that Plaintiff has e-served defense counsel with copies of this Motion, all supporting documents and declarations, the three Orders entered on 5/5/22, and a Notice of Ruling as to this ruling.

  Counsel for Plaintiff to give notice.