Case Number: BC68605 Hearing Date: February 13, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DAISY GURROLA, an individual,

Plaintiff(s),

vs.

HANNA WEISS, an individual; and DOES 1 THROUGH 10,

Defendant(s).

CASE NO: BC674978

[TENTATIVE] ORDER GRANTING MOTION TO ENFORCE SUBPOENA FOR PRODUCTION OF DOCUMENTS; IMPOSING SANCTIONS

Dept. 3

1:30 p.m.

February 13, 2019

Defendant Hanna Weiss (“Defendant”) brought (1) a Motion to Strike punitive damages from the Complaint; (2) a Motion to Compel responses to Form Interrogatories; and (3) a Motion to Compel Independent Medical Examination (collectively, “the Motions”). The Court DENIES each motion.

“Unless otherwise ordered or provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code of Civ. Proc. §1005, subd. (b), italics added.) “However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California.” (Id.) “Service is complete at the time of deposit [with the post office].” (Code of Civ. Proc. § 1013, subd. (a).)

Each Proof of Service attached to the Motions shows that the Motions were served by mail on Defendant on January 18, 2019. Defendant scheduled the Motions for hearing on January 13, 2019. In 2019, January 21 and February 12 are court holidays. Turning to the calendar and skipping court holidays, Defendant’s Motions needed to have been served by mail no later than January 16 to comply with Code of Civil Procedure sections 1005 and 1013.[1] For failure to timely notice the Motions, the Motions are DENIED.