Judge: Shirley K. Watkins, Case: BC696215, Date: 2023-03-06 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: BC696215    Hearing Date: March 6, 2023    Dept: T

Tentative ruling

BC696215 DONALD BARRON VS WARNER BROS RECORDS INC

Motion to deem request for admissions admitted filed by defendant William Morris Endeavor against defendant Gazzy Garcia. 

Hear argument.  The court notes that the Request for Admissions were sent by certified mail, return receipt.  This means that Mr. Garcia received them only if someone signed for them.  This is an additional step not authorized by the Code.  If the discovery had also been served via regular U.S. Mail, then the court would not have an issue with service.  Also, none of the return receipts have been submitted to the court.  The law does not require someone to have to sign for discovery in order for it to be effective service. There is a presumption that something mailed in the US mail is received.  The court cannot make that presumption in this case because a signature was required.  In the absence of evidence that it was actually delivered, the court is inclined to deny the motion without prejudice.

A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.