Re: Tyson Laycook v. Julie Price
Superior Court Case No. 17CECG01472
Hearing Date: March 7, 2018 (Dept. 503)
Motion: Defendant’s Motion to Compel Responses to Defendant’s
Contention Interrogatories, Set One
Tentative Ruling:

To deny the motion to compel responses to Defendant’s contention interrogatories, set one, without prejudice.

Explanation:

If moving papers are served personally, a motion can be noticed for hearing 16 court days or more after the papers are served and filed. (Code Civ. Proc., § 1005, subd. (b).) However, if the motion papers are served by mail, the required 16 court days’ notice is increased by an additional 5 calendar days, if the papers are mailed in California to an address in California. (Ibid.)

Here, Plaintiff was served with Defendant’s motion to compel on February 23, 2018 via U.S. mail. (POS, filed 2/23/18.) Plaintiff was served from an address in California to an address in California. Therefore, a hearing should not have been scheduled before March 26, 2018. For the hearing set for March 7, 2018, notice was insufficient. Thus, the motion is procedurally defective.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling
Issued By: KAG on 03/06/18 .
(Judge’s initials) (Date)