Judge: Sandy N. Leal, Case: 2021-01201431, Date: 2023-07-20 Tentative Ruling

1)   Motion to Compel Response to Requests for Admissions

2)   Motion to Compel Response to Requests for Admissions

Motion 1: Motion to Compel Further Responses to Request for Admissions, Set One

Defendant, Newrez, LLC F/K/A New Penn Financial, LLC, D/B/A Shellpoint Mortgage Servicing’s (Defendant) Motion to Compel Further Responses to Requests for Admissions, Set One (Motion) is CONTINUED to September 21, 2023 at 10:00 a.m. in Dept C33.

On 6-1-22, Defendant’s Motion previously came on for hearing. The Court’s Minute Order noted that Defendant did not comply with California Rules of Court, rule 2.251’s requirements regarding electronic service on self-represented parties. Defendant was ordered to re-serve the Motion on Plaintiffs.

As of the date of this hearing, it does not appear that Defendant has re-served the Motion. Therefore, the Court is unable to consider the Motion due to Defendant’s continued failure to comply with its obligations regarding service.

Based on the foregoing, the Motion is CONTINUED to September 21, 2023 at 10:00 a.m. Defendant is ordered to serve Plaintiff Michael Pierce with the Motion by mail, and to file a Proof of Service confirming same. Defendant is ordered to file a notice of continuance of motion to all parties with sufficient notice of the continued hearing date per Code, and to file proofs of service.

Defendant is to give notice.

Motion 2: Motion to Deem Requests for Admission, Set One Admitted as to Seana Pierce

Defendant, Newrez, LLC F/K/A New Penn Financial, LLC, D/B/A Shellpoint Mortgage Servicing’s (Defendant) unopposed Motion to Deem Request for Admissions, Set One Admitted as to Plaintiff Seana Pierce (Motion) is CONTINUED to September 21, 2023 at 10:00 a.m.

Defendant moves to deem Request for Admissions, Set One Admitted as to Plaintiff Seana Pierce. Defendant served Plaintiff Seana Pierce with Request for Admissions, Set One on 2-28-23 by email. (Cahill Declaration, ¶ 3, Exhibit 1.) Defense counsel also attests that he emailed Plaintiff on 4-10-23 requesting a response but received no reply as of the date of filing this motion. (Cahill Decl., ¶¶ 4-5.)

Defendant’s service of its Requests for Admissions on Plaintiff Seana Pierce does not comply with California Rules of Court, rule 2.251 because Defendant did not demonstrate that Plaintiff Seana Pierce affirmatively consented to electronic service of any documents in this action. California Rules of Court, rule 2.251 provides in part:

“(3)  Except when personal service is otherwise required by statute or rule, a party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically from all other parties or persons, unless:

(A)  The court orders otherwise, or

(B)  The action includes parties or persons that are not required to file or serve documents electronically, including self-represented parties or other self-represented persons; those parties or other persons are to be served by non-electronic methods unless they affirmatively consent to electronic service.”

(Cal Rules of Court, rule 2.251(c).)

Based on the above, Defendant’s Motion is CONTINUED to September 21, 2023. Defendant is ORDERED to serve Plaintiff Seana Pierce with the discovery at issue by mail. Defendant is additionally ordered to file a notice of continuance of motion to all parties with sufficient notice of the continued hearing date per Code, and to file proofs of service.

Defendant is to give notice.