Judge: Andre De La Cruz, Case: 2021-01231830, Date: 2023-08-14 Tentative Ruling

Motion to Deem Facts Admitted filed by Jill Fryklund 4/21/23

Plaintiff Jill Fryklund’s Motion to Deem Matters Admitted is DENIED.

The motion is unopposed. However, according to the proof of service provided, the motion was not properly served. The motion was served by email, but the address shown for Defendant’s counsel is incorrect. The address shown on the proof of service is “bphilips@philipslawcorporation.com.” However, Mr. Phillips’ surname and law firm are spelled with two “l’s”.

While this issue alone would not necessarily warrant denial of the motion, in examining the service of the underlying discovery requests, that proof of service indicates that the requests were also served exclusively by email on the incorrect address. The email address that the discovery requests were served upon was “bphillips@phillipslawcorportion.com.” While the surname “Phillips” is correctly spelled with two “l’s,” the word “corporation” is missing the letter “a.” Peach Decl., Ex. 1.

Plaintiff’s counsel declares that a meet and confer letter was also sent to Defendant’s counsel, and that, though Defendant’s counsel subsequently called Plaintiff’s counsel to discuss potential settlement, Defendant’s counsel “made no indication that Defendant planned to respond to Ms. Fryklund’s Requests for Admissions (Set One) or when he planned to do so.” Peach Decl., ¶ 8. The meet and confer letter was also sent exclusively by email to the same incorrect address as the discovery requests. Peach Decl., Ex. 2. Moreover, pursuant to discovery statutes, meet and confers are to be conducted by “telephone or in person”—not by letter or email. Thus it is doubtful that proper meet and confers transpired in this matter.

Accordingly, it appearing to the Court that Defendant was not served with the discovery requests or the instant motion, the Court cannot grant the requested relief.

Plaintiff to give notice.