Motion to Compel Production of Documents (Set One)
25CV013314: YAKOVLEV vs NOVOSELOVA 05/12/2026 Hearing on Motion to Compel Production of Documents (Set One) in Department 16C
Tentative Ruling
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TENTATIVE RULING:
Plaintiff in pro per Ale Yakovlevs (Plaintiff) Motion to Compel Production of Documents (Set One) is UNOPPOSED and DENIED.
Despite the title of the motion, Plaintiffs motion seeks to compel defendant in pro per Tatiana Novoselova (Defendant) to serve verified initial responses, without objections, to Plaintiffs first set of Requests for Production of Documents.
To the extent Plaintiff seeks to compel the production of documents, the motion is DENIED because such a motion is only proper where a party has agreed to produce documents, but has failed to do so in compliance with its statements. (Code Civ. Proc. § 2031.320(a).) In order to prevail on a motion to compel compliance, the moving party must prove that the responding party has fail[ed] to permit . . . the inspection, copying, testing, or sampling in accordance with that partys statement of compliance contained in the partys responses. (Code Civ. Proc. § 2031.320
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25CV013314: YAKOVLEV vs NOVOSELOVA 05/12/2026 Hearing on Motion to Compel Production of Documents (Set One) in Department 16C
Court (1990) 225 Cal.App.3d 898, 903 (former statute).) Here, Defendant has not yet served any responses and therefore there can be no motion to compel production in accordance with any statement of compliance.
As to the motion to compel verified initial responses, Plaintiff asserts in his declaration that he served Defendant with comprehensive discovery requests via email to her confirmed email address tatyanan1967@gmail.com. This service included: c. Requests for Production of Documents (Set One) containing specifically tailored requests. (Second Amended Declaration of Plaintiff Ale Yakovlev (2nd Amended Yakovlev Decl.), filed 03/16/2026, ¶ 29.)
While an unrepresented party may consent to receive electronic service, there is no indication in the record that Defendant has expressly consented to receive electronic service by one of the specified means listed in Code of Civil Procedure section 1010.6(c)(3). That Defendant may not have objected to electronic service, as averred by Plaintiff is not synonymous with affirmative consent and is not sufficient. (See 2nd Amended Yakovlev Decl., ¶ 31.) Absent such consent, electronic service on a selfrepresented party is improper. (Code Civ. Proc. § 1010.6.)
As there is no evidence that the discovery was properly served on Defendant, the motion to compel verified initial responses, without objections, is DENIED.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV013314: YAKOVLEV vs NOVOSELOVA 05/12/2026 Hearing on Motion to Compel Production of Documents (Set One) in Department 16C
the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
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