Notice Of Renewed Motion And Motion For Order Deeming Matters Admitted (Set Two) And To Compel Initial Responses To Special Interrogatories (Set Two); Request For Terminating, Evidentiary And Monetary Sanctions
Real Property/Housing Court Law and Motion Calendar for July 23, 2026. Line 12. PLAINTIFF KEVIN VED Notice Of Renewed Motion And Motion For Order Deeming Matters Admitted (Set Two) And To Compel Initial Responses To Special Interrogatories (Set Two); Request For Terminating, Evidentiary And Monetary Sanctions is DENIED.
Plaintiff has not provided any evidence of the date the discovery was purportedly served, nor any copies of the discovery requests at issue. Additionally, as Plaintiff admits he has received responses to the discovery, the severe remedies of deemed admissions and terminating and evidentiary sanctions are not appropriate.
Plaintiff cites no authority for the proposition that the copy of the proof of service that is enclosed with the served documents, i.e. before the service has been completed, must be signed, or that failure to include a signed proof of service with the served documents invalidates the service that has admittedly occurred.
Finally, the Court notes that while a declaration in opposition to this motion was filed on July 22,2026, proof of service reflects that the opposition was served on the pro per Plaintiff by electronic means only, and there does not appear to be any express consent to electronic service on file. Therefore, the opposition was not considered. =(501/CFH)
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Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |
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