Judge: Walter P. Schwarm, Case: 30-2018-01032732, Date: 2023-08-08 Tentative Ruling

Defendants’ (David McCune and Emerson McCune) Motion to Compel Responses to Requests for Production, Set Two (Motion), filed on 6-26-23 under ROA No. 524, on 6-26-23, is DENIED without prejudice.

Code of Civil Procedure section 2031.300 states in part, “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: . . . [¶] (b) The party making the demand may move for an order compelling response to the demand.”

On 6-26-23, the court set this Motion for hearing for 8-8-23, and ordered Defendants to give notice. (6-27-23 Minute Order.)  The court’s file does not reflect that Defendants re-served this Motion on Plaintiff (Daniel Oyas) or gave notice as required by the court’s 6-27-23 Minute Order.

Therefore, the court DENIES Defendants’ (David McCune and Emerson McCune) Motion to Compel Responses to Requests for Production, Set Two, filed on 6-26-23 under ROA No. 524, without prejudice.

Court Clerk is to give notice.