Judge: Walter P. Schwarm, Case: 30-2021-01207465, Date: 2022-12-20 Tentative Ruling

Plaintiff’s (Rey Cesar Rodriguez) Motion to Compel Responses to Requests for Production of Documents, Set One (Motion), filed on 7-1-22 under ROA No. 32, is DENIED.

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 9-21-21, Defendant (Anson Malton Hirt) served Plaintiff with a “Notice of E-Sevice.” (Kandarian-Stein Decl., ¶ 4 and Exhibit A.)  This “Notice of E-Service” provided an e-service address of eservice-gks@g3pmlaw.com. (Kandarian-Stein Decl., ¶ 4.) On 12-15-21, Plaintiff served Defendant with “Plaintiff Rey Cesar Rodriguez’ Request for Production of Documents to Defendant Anson Malton Hirt, Set No. 1.” (Jivalagian Decl., ¶ 2 and Exhibit A.) Plaintiff served this discovery request at the email address of gstein@g3pmlaw.com (Jivalagian Decl., ¶ 2 and Exhibit A.) Defendant has not provided any responses to this discovery request. (Jivalagian Decl., ¶ 4.)  Since the service of this motion did not occur at the e-service address designated in the “Notice of E-Service,” Defendant’s attorney was unaware of this Motion until 8-31-22. (Kandarian-Stein Decl., ¶¶ 7, 8, and 9.)  Defendant’s attorney then learned that Defendant had passed away on 9-11-22. (Kandarian-Stein Decl., ¶ 10.)

Code of Civil Procedure section 1010.6, subdivision (e) states, “(1) A party represented by counsel, who has appeared in an action or proceeding, shall accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. Before first serving a represented party electronically, the serving party shall confirm by telephone or email the appropriate electronic service address for counsel being served. [¶] (2) A party represented by counsel shall, upon the request of any party who has appeared in an action or proceeding and who provides an electronic service address, electronically serve the requesting party with any notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission.”

Here, Plaintiff’s counsel did not electronically serve the subject discovery request to the email address specified by Defendant’s counsel pursuant to Code of Civil Procedure section 1010.6, subdivision (e). Therefore, the court DENIES Plaintiff’s (Rey Cesar Rodriguez) Motion to Compel Responses to Requests for Production of Documents, Set One filed on 7-1-22 under ROA No. 32.

Defendant is to give notice.