Judge: Thomas S. Mcconville, Case: 2022-01241189, Date: 2023-08-28 Tentative Ruling

Plaintiff Flash Funding Services, Inc.’s motion to compel defendant George Katsivalis to provide responses to Form Interrogatories, Set One (ROA 60, 79), and to deem Requests for Admissions, Set One to defendant George Katsivalis as admitted (ROA 62, 80) are CONTINUED to October 2, 2023 at 2:00 p.m. in C28, in order to correct defective service. 

The proofs of service attached to the relevant filings show all moving papers were served on defendant George Katsivalis at 12332 Browning Ave., Santa Ana, California, 92705.  (ROA 60, 62, 79, 80.) The Substitution of Attorney form filed on 4-11-22, however, states the address of record for defendant is: “1430 Edinger Avenue, Santa Ana, CA 92705.” (ROA No. 23.) While the proofs of service demonstrate some service on the correct address, the service made on “1430 Edinger Avenue,” was directed solely to the corporation, Defendant Hellenic, Inc.  (ROA 60, 62, 79, 80.)

Plaintiff filed new proofs of service for all of the pending discovery motions on 8-18-23, reflecting mail service on that date at the Edinger Avenue address.  (ROA 146, 148, 150.)  While the proofs of service filed on 8-18-23 appear proper, that service was only six court days prior to the current 8-28-23 hearing date, and is thus untimely.  (Code Civ. Proc., § 1005, subd. (b).) 

The court also observes that the proofs of service filed on 8-18-23 do not identify any hearing date for the motions. 

Moving plaintiff is ordered to file and serve all defendants at all addresses a notice of continuance of the instant motions, as well as the remaining discovery motions pending in this case and set for hearing on 9-18-23 and 10-2-23, by 9-8-23.

Plaintiff shall give notice.