Judge: William A. Crowfoot, Case: 21STCV11564, Date: 2022-08-25 Tentative Ruling
Case Number: 21STCV11564 Hearing Date: August 25, 2022 Dept: 27
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL
DISTRICT
|
Plaintiff(s), vs. BAKER
KINSALE WILES, et al., Defendant(s). |
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
[TENTATIVE]
ORDER RE: DEFENDANT BAKER KINSALE WILES’ MOTIONS TO COMPEL RESPONSES TO FORM
INTERROGATORIES, SPECIAL INTERROGATORIES, AND REQUEST FOR PRODUCTION OF
DOCUMENTS Dept.
27 1:30
p.m. August
25, 2022 |
On March 25,
2021, Plaintiffs Cleotilde Guardado (“Guardado”) and Ashley Tobar, a minor by
and through her Guardian Ad Litem, Cleotilde Guardado (“Tobar”) (collectively
“Plaintiffs”) filed this action against Defendants Baker Kinsale Wiles
(“Defendant”) and Croft Ventures for motor vehicle and general negligence
arising from a motor vehicle accident that occurred on April 3, 2019.
On June 16,
2022, Defendant filed these motions to compel responses to Form
Interrogatories, Special Interrogatories, and Request for Production of
Documents from Plaintiff Guardado. No
oppositions have been filed.
A review of
the proofs of service for the subject discovery requests and the proofs of
service for these motions shows that the discovery requests and these motions
were served on Suzanne C. Ellis, Esq. (“Ellis”) of Master Law Inc. by
e-mail. The May 20, 2022 meet and confer
e-mail was also sent to Ellis. According
to the Court’s records, Linda J. Eun (“Eun”) of Silver Law Inc. is counsel of
record for Plaintiffs. Plaintiffs filed
substitutions of attorney on November 12, 2021, substituting out Ellis for Eun
as Plaintiffs’ counsel. It appears these
substitutions were filed prior to Defendant’s appearance in this action, thus
explaining why these substitutions were never served on Defendant.
The Court
notes that Ellis and Eun actually share the same mailing address. However, because the discovery requests and
these motions were served on Ellis by e-mail, the Court finds the discovery
requests and motions were never properly served on Guardado through her counsel
of record, Eun. As the discovery
requests were never properly served on Plaintiff Guardado, Defendant is not
entitled to court orders compelling responses from Guardado.
Accordingly,
the motions are DENIED.
Moving party to give notice.
Parties who intend to submit on this
tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating
intention to submit on the tentative as directed by the instructions provided
on the court website at www.lacourt.org.
Please be advised that if you submit on the tentative and elect not to
appear at the hearing, the opposing party may nevertheless appear at the
hearing and argue the matter. Unless you
receive a submission from all other parties in the matter, you should assume
that others might appear at the hearing to argue. If the Court does not receive emails from the
parties indicating submission on this tentative ruling and there are no
appearances at the hearing, the Court may, at its discretion, adopt the
tentative as the final order or place the motion off calendar.
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL
DISTRICT
|
Plaintiff(s), vs. BAKER
KINSALE WILES, et al., Defendant(s). |
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
[TENTATIVE]
ORDER RE: DEFENDANT BAKER KINSALE WILES’ MOTIONS TO COMPEL RESPONSES TO FORM
INTERROGATORIES, SPECIAL INTERROGATORIES, AND REQUEST FOR PRODUCTION OF
DOCUMENTS Dept.
27 1:30
p.m. August
26, 2022 |
On March 25, 2021,
Plaintiffs Cleotilde Guardado (“Guardado”) and Ashley Tobar, a minor by and
through her Guardian Ad Litem, Cleotilde Guardado (“Tobar”) (collectively
“Plaintiffs”) filed this action against Defendants Baker Kinsale Wiles
(“Defendant”) and Croft Ventures for motor vehicle and general negligence
arising from a motor vehicle accident that occurred on April 3, 2019.
On June 16,
2022, Defendant filed these motions to compel responses to Form
Interrogatories, Special Interrogatories, and Request for Production of
Documents from Plaintiff Tobar. No
oppositions have been filed.
A review of
the proofs of service for the subject discovery requests and the proofs of
service for these motions shows that the discovery requests and these motions
were served on Suzanne C. Ellis, Esq. (“Ellis”) of Master Law Inc. by
e-mail. The May 20, 2022 meet and confer
e-mail was also sent to Ellis. According
to the Court’s records, Linda J. Eun (“Eun”) of Silver Law Inc. is counsel of
record for Plaintiffs. Plaintiffs filed
substitutions of attorney on November 12, 2021, substituting out Ellis for Eun
as Plaintiffs’ counsel. It appears these
substitutions were filed prior to Defendant’s appearance in this action, thus
explaining why these substitutions were never served on Defendant.
The Court
notes that Ellis and Eun actually share the same mailing address. However, because the discovery requests and
these motions were served on Ellis by e-mail, the Court finds the discovery
requests and motions were never properly served on Tobar through her counsel of
record, Eun. As the discovery requests
were never properly served on Plaintiff Tobar, Defendant is not entitled to
court orders compelling responses from Tobar.
Accordingly,
the motions are DENIED.
Moving party to give notice.
Parties who intend to submit on this
tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating
intention to submit on the tentative as directed by the instructions provided
on the court website at www.lacourt.org.
Please be advised that if you submit on the tentative and elect not to
appear at the hearing, the opposing party may nevertheless appear at the
hearing and argue the matter. Unless you
receive a submission from all other parties in the matter, you should assume
that others might appear at the hearing to argue. If the Court does not receive emails from the
parties indicating submission on this tentative ruling and there are no
appearances at the hearing, the Court may, at its discretion, adopt the
tentative as the final order or place the motion off calendar.