Miller vs. 1

Defendant’s opposition does not respond to this request. Plaintiff is entitled to collect post-judgment interest pursuant to the judgment, which will continue to accrue until paid. 10 25-01498068 1) Motion to Compel Deposition (Oral or Written) 2) Motion to Compel Deposition (Oral or Written) Miller vs. 1 Plaintiff James Miller’s motion to compel third-party witnesses, Joe Collinsworth and Christine Collinsworth, to comply with the Deposition Subpoena for Personal Appearance and Production of Documents and Things is CONTINUED to _________.

California Rules of Court, rule 3.1346 states: “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.”

Here, Plaintiff has failed to show that the moving papers were personally served on Joe Collinsworth and Christine Collinsworth as required by California Rules of Court, rule 3.1346. The Proof of Service attached to the Motion shows that the moving papers were served on Joe and Christine Collinsworth by mail. Plaintiff has not shown that Joe and Christine Collinsworth agreed to accept service by mail, accordingly, service was insufficient pursuant to rule 3.1346.

Based on the foregoing, the Motion is CONTINUED to _______. Plaintiff is ORDERED to personally serve the moving papers on Joe and Christine Collinsworth no later than 16 court days before the continued hearing and file a proof of service no later than 5 court days prior to the continued hearing.

Plaintiff to give notice. 12 25-01460537 Motion to Compel Production

Palomino vs. FCA US, Plaintiff Eduardo Palomino’s Motion to Compel Further Compliance LLC with Code of Civil Procedure section 871.26 is DENIED as moot.

The parties were ordered to file additional papers addressing any remaining issues related to the Motion after meet and conferring. No further papers were filed. Thus, the Motion is moot.

15 24-01372004 Motion to Set Aside/Vacate Default and Judgment

The Irvine Company The motion of defendant Kyunghee Noh moves for an order to set aside LLC vs. The Mugs Alton and vacate the default and default judgment entered against her is Irvine Inc. GRANTED.