Zuniga vs. 4Gen Digital, Inc.
Motion to Strike - Anti SLAPP
Motion type
Parties
Ruling
13 25-01533027 Motion to Strike - Anti SLAPP
Zuniga vs. 4Gen Defendants 4Gen Digital, Inc., Craig M. Thomas, Jacqueline Thomas, Digital, Inc. and Alexandria C. Phillips’ Special Motion to Strike the Complaint (Anti-SLAPP) is CONTINUED to ________ at 10:00 a.m., in Department C33.
On 8/17/26, Plaintiff filed an objection to Defendants’ reply (ROA 66) and evidentiary objections (ROA 68) on the ground Plaintiff has not consented to electronic service. (ROA 70.)
Self-represented parties are to be served by non-electronic methods unless they affirmatively consent to electronic service. (Cal. Rules of Court, rules 2.251, subd. (c)(3)(B); 2.253, subd. (b)(3).)
Defendants’ proof of service reflects the motion, reply, and evidentiary objections were served by electronic service. Plaintiff contends he has never consented to electronic service or filed a notice of consent to electronic service in this action. Plaintiff contends that due to invalid service he has not received the requisite notice of the reply under Code of Civil Procedure section 1005, subdivision (b).
Service on Plaintiff by electronic service without express consent was insufficient.
The Court CONTINUES the hearing on Defendants’ Motion to _______ at 10:00 a.m. in Department C33. The Court ORDERS Defendants to serve Plaintiff the reply and evidentiary objections by non-electronic means within the statutory notice period before the new hearing date.
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