Judge: Elaine Lu, Case: 21STCV43201, Date: 2023-04-03 Tentative Ruling

Case Number: 21STCV43201    Hearing Date: April 3, 2023    Dept: 26

Plaintiff Jill Greenberg as Trustee of Jill Greenberg 2019 Trust’s motion for an order deeming the Requests for Admissions, Set Two admitted is DENIED WITHOUT PREJUDICE. 

Plaintiff filed the instant motion prematurely.  Under Code of Civil Procedure section 2033.250 subdivision (a), a party must respond to requests for admission within 30 days of service.  However, these time limits are extended if the requests for admissions were served by mail, overnight delivery, fax, or electronically.  (See CCP §§ 1010.6(a)(4), 1013.) 

Plaintiff served the Requests for Admissions, Set Two on January 27, 2023 by mail and electronically.  (Paya Decl. ¶ 4, Exhs. B-C.)  Defendant David Bogner is self-represented.  Self-represented parties – such as Defendant David Bogner -- must be served by non-electronic methods unless they affirmatively consent on the record to electronic service.  (Cal. Rules of Court, Rule 2.251(c)(3)(B).)  Nothing in the record suggests that Defendant Bogner has consented to electronic service.  Thus, only the service by mail is effective, which means that the deadline for Defendant Bogner to respond was extended by five days.  (CCP § 1013.)  Therefore, Defendant David Bogner had until March 3, 2023 to timely respond to the Requests for Admissions, Set Two at issue.  The instant motion filed on March 1, 2023 was premature because as of that date, Defendant David Bogner still had time to respond to the requests.  Accordingly, the Court hereby DENIES the instant motion without prejudice.

Plaintiff to give notice and file proof of service of such.