SUSANA ROMERO RUBALCABA vs WINCO FOOD, LLC, et al.

2024CUPP033659: SUSANA ROMERO RUBALCABA vs WINCO FOOD, LLC, et al. 09/04/2026 in Department 43 Motion for Sanctions FOR MONETARY, ISSUE, EVIDENTIARY, AND TERMINATING SANCTIONS FOR SPOLIATION OF EVIDENCE AGAINST DEFENDANT WINCO FOOD, LLC

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Motion: Plaintiff’s Motion for Monetary, Issue, Evidentiary, and Terminating Sanctions for Spoliation of Evidence Against Defendant Winco Food, LLC.

Tentative Ruling: Plaintiff’s Motion for Monetary, Issue, Evidentiary, and Terminating Sanctions for Spoliation of Evidence Against Defendant Winco Food, LLC is DENIED. Plaintiff failed to serve the Motion on Defendant’s correct email address for service of documents.

On July 15, 2026, Kelly J. Snowden, Attorney at Law, Sophia R. Meyer Law, P.C., counsel for Defendant, filed with the Court and served on Plaintiff’s counsel a “Notice of Change of Address” stating effective July 27, 2026, “All future notices, pleadings, orders correspondence and other papers in this matter shall be directed to [1134 Pine Street, Redding, California, 96001] or to the firm’s designated electronic services address at: eserve@srmlawpc.com.”

2024CUPP033659: SUSANA ROMERO RUBALCABA vs WINCO FOOD, LLC, et al.

Twenty-seven days later, on August 11, 2026, Plaintiff filed this motion and electronically served it on Defendant’s attorneys by email to: Kelly@srmlawpc.com and cwaite@srmlawpc.com, addresses used prior to the change of address notice.

Notice is required to be provided at the address last given by a party. (Code Civ. Proc., § 1013.) On July 15, 2026, Defendant properly notified the Court and Plaintiff of its change of email address. (Cal. Rules Court, Rule 2.200.)

No opposition has been filed, strongly suggesting that the motion may not have been received in a timely manner. The issue of defective service has not been waived. The Court cannot grant an unopposed motion (particularly one requesting such severe sanctions) when service of the motion is defective. The motion is denied.

Moving party is ordered to serve notice of the Court’s ruling.

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