Judge: Melvin D. Sandvig, Case: 21CHCV00611, Date: 2022-08-22 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21CHCV00611    Hearing Date: August 22, 2022    Dept: F47

Dept. F47

Date: 8/22/22

Case #21CHCV00611

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

Motion filed on 2/18/22.

MOVING PARTY: Plaintiff Bank of America, N.A.

RESPONDING PARTY: Defendant Aram Mouradian

RELIEF REQUESTED: An order deeming the truth of each matter specified in the requests for admissions served on Defendant Aram Mouradian on 12/23/21 admitted. 

RULING:  

***Plaintiff has filed a Notice of Submission indicating that Plaintiff’s counsel intends to submit on the moving papers without appearing if there is no opposition filed.

The address of record for Defendant Aram Mouradian (Defendant) is:

8309 Laurel Canyon Blvd 243

Sun Valley, CA 91352

(See Answer filed 10/12/21; Party Information in eCourt).

On 2/18/22, Plaintiff Bank of America, N.A. (Plaintiff) filed the instant motion seeking an order deeming the truth of each matter specified in the requests for admissions served on Defendant  on 12/23/21 admitted.  The proof of service for the motion indicates that the motion was served by mail on 2/18/22 but does not include the apartment or suite number (243) included in Defendant’s address.  (See Proof of Service filed 2/18/22; Compare Proof of Service for Case Management Statement filed on 5/2/22 which includes the 243 designation).

On 7/26/22, the Court mailed notice that the instant motion was continued from 7/13/22 to 8/22/22 to both Plaintiff and to Defendant at Defendant’s complete/correct address.  (See Notice of Continuance filed 7/26/22). 

If Defendant appears at the hearing, concedes receipt of the underlying motion and has not yet served responses to the Requests for Admissions, the motion will be granted based on Defendants failure to respond to the Requests for Admissions.  See CCP 2033.280(b)-(c).

If not, the matter will be placed off calendar due to the defective service of the motion.