Judge: Theresa M. Traber, Case: 23STCV29093, Date: 2024-07-31 Tentative Ruling

Case Number: 23STCV29093    Hearing Date: July 31, 2024    Dept: 47

                                                                            FINAL RULING:

The Court issues the following order:

Defendant Coldwell Banker Residential Brokerage Co. filed a Motion to Compel Arbitration on February 2, 2024.

According to the Proof of Service accompanying that motion, Plaintiff was served with the motion by electronic service on February 2, 2024.

However, pursuant to Code of Civil Procedure section 1010.6 subdivision (c), an unrepresented party may only be served electronically after expressly consenting to receive service electronically by either (i) serving notice on all parties and filing that notice with the court, or (ii) by manifesting affirmative consent through electronic means with the Court’s electronic filing service provider and concurringly providing the party’s electronic address for receiving service. (Code Civ. Proc. section 1010.6(c)(3).) Electronic filing is not express consent. (Id.) No such manifestation of consent has ever been provided to the Court by Plaintiff.

Therefore, electronic service on Plaintiff is not authorized in this matter.

As Plaintiff has not responded to the Motion, the Court cannot overlook the improper manner used for service of the motion.

The Court will therefore CONTINUE the Motion to Compel Arbitration to Wednesday, August 28, 2024 at 9:00 AM.

On the Court's own motion, the Hearing on Motion to Compel Arbitration and Stay Action - ID: 764352270657 scheduled for 07/31/2024 is advanced to this date and continued to 08/28/2024 at 09:00 AM in Department 47 at Stanley Mosk Courthouse.

Defendant is ordered to serve the motion and supporting papers on Plaintiff via personal service, overnight mail, or U.S. mail no later than Friday, August 2, 2024.

Any opposition shall be served and filed on or before Thursday, August 15, 2024, and any reply shall be served and filed on or before Wednesday, August 21, 2024.

On the Court's own motion, the Case Management Conference scheduled for 07/31/2024 is advanced to this date and continued to 08/28/2024 at 09:00 AM in Department 47 at Stanley Mosk Courthouse.

The clerk gives notice to all parties of record.