Judge: Theresa M. Traber, Case: 23STCV08942, Date: 2024-11-15 Tentative Ruling

Case Number: 23STCV08942    Hearing Date: November 15, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     November 15, 2024               TRIAL DATE: NOT SET

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

CASE NO.:                 23STCV08942

(1)(2) MOTION TO COMPEL RESPONSES TO FORM INTERROGATORES; REQUEST FOR SANCTIONS (x2)

(3)(4) MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS (x2)

(5)(6) MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION; REQUEST FOR SANCTIONS (x2)

MOVING PARTY:               (1), (3), (5), Defendant Rose Choi; (2), (4), (6) Defendant Anthony Youngwon Choi

RESPONDING PARTY(S): No response on eCourt as of 11/12/24.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a habitability and trespass action 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.

Defendants Rose Choi and Anthony Youngwon Choi move to compel Plaintiff to respond to interrogatories and requests for production, and for sanctions.

TENTATIVE RULING:

Defendants Rose Choi and Anthony Youngwon Choi move 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, each of the six motions brought by these Defendants was purportedly served on Plaintiff by electronic service on May 24, 2024, according to the proofs of service accompanying the motions. However, 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. Defendants have therefore failed to give proper notice of these motions.

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

            Defendant Anthony Youngwon Choi’s Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Requests for Production are DENIED.

            Defendants’ Requests for Sanctions are DENIED.

            Moving Parties to give notice.

IT IS SO ORDERED.

Dated:  November 15, 2024                            ___________________________________

                                                                                    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.