Motion to Compel Special Interrogatories
25CV022511: JACOBS vs AMEEN, et al. 03/05/2026 Hearing on Motion to Compel Special in Department 54
Tentative Ruling
Pro per Plaintiff Adam Jacobs (Plaintiff) motion to compel Defendants Anwar Ameen (Anwar), Mustafa Zahid (Zahid), Niran Ameen (Niran), and Muna Fahmis (Fahmi) (collectively, Defendants) responses to special interrogatories (set one), and to compel Defendant Anwar's further responses to special interrogatories (set two) is DROPPED for defective service.
Anwar and Niran have filed an opposition to the motion which objects to the timeliness of the motion. Zahid and Fahmi did not file an opposition.
On December 26, 2025, the Honorable Steven Gervercer granted Plaintiffs ex-parte application for an order shortening time on the motion, and set the motion for todays date. The order specifically stated that Plaintiff shall file and file all moving papers per CCP 1005(b). (Order on Ex Parte Application Advancing 4 Motions from 5/26/26 to 3/5/26, December 26, 2025.)
Code of Civil Procedure 1005(b) provides, in pertinent part, that written notice of motion shall be served and filed at least 16 court days before the hearing. The required 16-day notice period is also increased based on the manner of service.
Here, Plaintiff electronically-served the motion on Anwar and Nirans counsel, and Zahid and Fahmi[1] on February 14, 2026. Counting backward from the date of hearing pursuant to Code of Civil Procedure §12c, such service was only 12 court days prior to hearing.
Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
[1] The Court notes that Zahid and Fahmi are also appearing in pro per. Neither have consented to
electronic service per Code of Civil Procedure section 1010.6(c) and Cal. Rules of Court Rule. 2.551. As a result, to the extent Plaintiff has electronically served Zahid and Fahmi, such service may be defective. The Court need not reach this issue since the Court is dropping the motion due to defective service.
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25CV022511: JACOBS vs AMEEN, et al. 03/05/2026 Hearing on Motion to Compel Special in Department 54
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