Judge: Thomas S. Mcconville, Case: 2022-01241189, Date: 2023-08-15 Tentative Ruling

The Motions to Compel brought by Plaintiff Flash Funding Services, Inc., seeking to compel responses by Defendant Manuel Katsivalis to Plaintiff’s Requests for Production, Set One (ROA No. 74) and Special Interrogatories, Set One (ROA No. 78) are CONTINUED to September 18, 2023 in C-28 at 2:00 p.m., to permit Plaintiff to properly serve Defendant.

The proofs of service attached to the relevant filings show service on self-represented Defendant Manuel Katsivalis at 12332 Browning Ave., Santa Ana, California, 92705. (ROA Nos. 50, 56, 74 and 78.)   This appears to be the incorrect address, as the Substitution of Attorney form filed on April 11, 2022 lists Defendant’s address as: “1430 Edinger Avenue, Santa Ana, CA 92705.”  (ROA No. 23.)  While the proofs of service attached to the moving papers demonstrate some service at Defendant’s correct address, that was directed solely to the corporate, Defendant Hellenic, Inc. (ROA Nos. 50, 56, 74 and 78.) 

Defendant Katsivalis has not responded to the motions, so the court cannot conclude that the errors in the service were harmless.

Based on the above, the court continues these motions to permit Plaintiff to correct service.  Plaintiff is ordered to serve the instant motions pursuant to Code of Civil Procedure section 1005, subdivision (b), at the address of record identified above.

Plaintiff shall give notice.