Judge: Theresa M. Traber, Case: 23STCV08924, Date: 2025-05-21 Tentative Ruling

Case Number: 23STCV08924    Hearing Date: May 21, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     May 21, 2025             TRIAL DATE: NOT SET

CASE:                         Tiffany Wilson v. Rose Choi, et al.

CASE NO.:                 23STCV08942           

(1) MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS;

(2) MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION; REQUEST FOR SANCTIONS

MOVING PARTY:               (1)-(2) Defendant Rose Choi;

RESPONDING PARTY(S): No response on eCourt as of 05/16/25

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a habitability and trespass action that was filed on April 21, 2023. Plaintiff leased an office from Defendants which she alleges was contaminated with toxic mold. Plaintiff also alleges that Defendants entered the office without permission and took documents belonging to Plaintiff.

Defendant Rose Choi moves to compel Plaintiff to respond to interrogatories and requests for production, and for sanctions.

TENTATIVE RULING:

Defendant Rose Choi moves to compel Plaintiff to respond to interrogatories and requests for production, and for sanctions.

Code of Civil Procedure section 1010.6 authorizes electronic service on unrepresented persons in civil actions only when the person to be served has consented to electronic service. (Code Civ. Proc. § 1010.6(c)(1)-(2).) Consent to electronic service is made by either (1) serving notice on all parties and filing notice with the Court; or (2) manifesting affirmative consent through electronic means with the Court or the Court’s e-filing service provider and concurrently providing the party’s email for receiving service. (Code Civ. Proc. § 1010.6(c)(3).) The act of electronic filing is not express consent. (Id.)

Here, although the motions were served on Plaintiff by mail on December 18, 2024 according to the proof of service, each set of discovery at issue on these motions was served on Plaintiff by email only. (See Defendant’s Exh. A POS.) Plaintiff in this action is a self-represented litigant who has never filed a notice of consent to electronic service, nor has she manifested affirmative consent through electronic means. Defendant therefore did not properly serve Plaintiff with the discovery at issue and is not entitled to compel responses to those requests.

            Accordingly, Defendant Rose Choi’s Motions to Compel Responses to Special Interrogatories and Requests for Production are DENIED.

            Defendant’s Requests for Sanctions are DENIED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  May 21, 2025                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.