16-CIV-03005 AHLAM ALKHATEEB VS. MELANIE M. HILDEBRAND, ET AL.

AHLAM ALKHATEEB MELANIE M. HILDEBRAND
CARMEN GUTMAN ALISON M. CRANE

MOTION TO COMPEL THE SITE INSPECTION AND REQUEST FOR SANCTIONS BY AHLAM ALKHATEEB TENTATIVE RULING:

Plaintiff’s Motion to Compel Site Inspection and Request for Sanctions is DENIED.

Plaintiff served the inspection demand at issue on September 25, 2018. The demand states the inspection will occur on October 9, 2018. [Gutman Decl., Ex. M] Plaintiff did not set a time for inspection that was at least 30 days after service of the demand for inspection, as required by CCP §2031.030(c)(2). Further, Plaintiff filed her Motion to Compel Inspection on September 26, 2018, the day after service of the inspection demand. Defendants have 30 days to respond to the demand under CCP §2031.260.

Plaintiff appears to request that the Court “grant leave to plaintiff to make a demand for inspection . . . at an earlier time” under CCP §2031.020(d). [MPA, p. 5-6.] The reference to an “earlier time” in §2031.020(d), however, refers to the Court’s ability to grant leave to make a demand for inspection earlier than 10 days after the service of a summons, the period set forth in §2013.020(b). CCP §2031.020(d) has no application here where Plaintiff seeks to compel an inspection.

Finally, Plaintiff’s Proof of Service of the inspection demand appears to be defective. The declaration supporting the proof of service, signed by Plaintiff’s counsel, states that counsel placed the demand “at an office or a regularly utilized drop box of the delivery carrier” or “provided instructions for personal delivery . . .” If personal service was made by messenger, the declaration is to be signed by the person making the personal delivery. Weil & Brown, B. Preparing and Filing Motions, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 9(I)-B. If service was made by a delivery service under CCP §1013(c), the declaration must state that the papers were deposited (1) in an envelope or package designated by the carrier; (2) in a facility regularly maintained by the carrier or delivered to a courier or driver authorized to receive documents on its behalf; (3) with delivery fees paid or provided for; and (4) addressed to the address last shown by that person on any document filed in the action. CCP §1013(c). The declaration supporting Plaintiff’s proof of service does not specify which method of service was used and, in any case, the declaration does not set forth sufficient proof of service under either method.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.