Novak vs. Andry

instead of the party, except service of subpoenas, of writs, and other process issued in the suit, and of papers to bring the party into contempt. If the sole attorney for a party is removed or suspended from practice, then the party has no attorney within the meaning of this section.” (Code Civ. Proc. § 1015.) The attorney of record for a party may be changed either by mutual consent of the party and attorney filed with the clerk or entered upon the minutes, or by court order upon application of either client or attorney, after notice from one to the other. (Code Civ. Proc. § 284.)

It does not appear that Lockett & Horwitz has moved to be relieved as counsel of record, or that a substitution of attorney was filed on behalf of Armstrong. Therefore, neither the instant motion nor the discovery at issue was properly served on Armstrong and the instant motions to compel are DENIED, without prejudice.

Plaintiffs to give notice.

103 Novak vs. Andry, Defendant, Doran Andry (“Defendant”), 24-01414288 moves for an order compelling Plaintiff, Hsiuyen Julie Novak (“Plaintiff”), to provide responses to Defendant’s Requests for Production, Set One, and awarding sanctions for the reasonable attorneys’ fees and costs incurred in bringing this motion in the amount of $1,675.45.

Defendant also moves for an order deeming facts admitted and awarding sanctions in the amount of $2,075.45 against Plaintiff and Plaintiff’s counsel, jointly and severally.

“Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” (California Rules of Court, rule, 3.1300(c).)

Here, no proof of service of the subject two motions to compel have been filed. In light of the above and the lack of any opposition, the motions are DENIED, without prejudice.

Defendant to give notice.