Chung vs. Lkim, Inc

12 Chung vs. Lkim, Inc 1. Motion to Compel Answers to Form Interrogatories 2024-01449390 2. Motion to Compel Production 3. Motion to Deem Facts Admitted 4. Case Management Conference

Plaintiff In Soon Chung’s motions to compel responses to her first sets of form interrogatories and requests for production, and motion to deem the matters in her first set of requests for admission admitted, are all DENIED.

The Court originally heard these motions on 4/3/26 and continued them to the present hearing date due to certain proof of service issues. (See 4/3/26 Minute Order [ROA No. 75].) Specifically, there were two problems: (1) none of the motions had proper proofs of service, and (2) there was also no proper proof of service of the subject discovery requests. As explained at the 4/6/26 hearing, all of the proofs attested to service via email but failed to list an email address for both the recipient and the person making service, and nothing in the record confirmed receipt. (Code Civ. Proc., § 1013b, subd. (b)(1), (3).) As such, the Court continued the motions to allow plaintiff an opportunity to address these defects and ordered her to do so by 4/8/26 at 5:00 p.m. (4/3/26 Minute Order.)

It has now been over a month, and plaintiff has not complied with this order. There is no proof of service of the present hearing date for these motions. There is no proper proof of service of the motions on defendant Eun Hee A Kim, the defendant against whom these motions seek relief. And there is no proper proof of service of the subject discovery requests at issue. Plaintiff cannot obtain an order compelling responses to/establishing the truth of the matters in discovery against a defendant that she has failed to show she served. (See Code Civ. Proc., §§ 2030.080 [“party propounding interrogatories shall serve a copy of them on the party to whom the interrogatories are directed”], 2031.040 [same with requests for production], 2033.070 [same with requests for

admission], 2030.260 [response due “[w]ith 30 days after service of interrogatories”], 2031.260, subd. (a) [same with requests for production], 2033.250, subd. (a) [same with requests for admission].) Having already had an opportunity to address these issues and having failed to do so, the motions are denied.