Judge: Theresa M. Traber, Case: 23STCV08524, Date: 2023-08-30 Tentative Ruling

Case Number: 23STCV08524    Hearing Date: January 24, 2024    Dept: 47

Before the Court is Plaintiff Kyung Yoon Pak’s motion to compel responses to form interrogatories brought against Defendant Ock J. Kim.

On December 15, 2023, the Court sustained Defendant Ock J. Kim’s demurrer without leave to amend, on the basis that Kim is not the owner of the subject property, and thus is not the proper party against whom Plaintiff’s claims may be asserted.

Accordingly, because Plaintiff is not entitled to propound discovery to a non-party (Code Civ. Proc. § 2030.010 [only parties may be served with interrogatories], the Court denies Plaintiff’s motion in its entirety. 

On its own motion, the Court advances the hearing on Plaintiff’s motion to compel responses to requests for production of documents, set for January 29, 2024, and denies this motion for the same reason, that is, that Defendant Kim is not a party subject to this written discovery.   (Code Civ. Proc. § 2030.010  [only parties may be served with demands for production of documents under this Code provision].) 

Moving party is ordered to give notice.