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Notice Of Motion And Motion For Order That Matters In Request For Admission Of Truth Of Facts Be Deemed Admitted
Set for Law and Motion/Discovery Calendar on Thursday, October 20, 2025, Line 8. PLAINTIFF JPMORGAN CHASE BANK, NA.'S Motion For Order That Matters In Request For Admission Of Truth Of Facts Be Deemed Admitted.
JPMorgan Chase Bank's Motion For Order That Matters In Request For Admission Of Truth Of Facts Be Deemed Admitted is DENIED.
A party may move for an order deeming the Requests for Admissions (RFA's) admitted if the party to whom they are directed has failed to serve a timely response. (Cal. Civ. Procedure 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220." (CCP 2033.280(c).) Responses are due within 30 days after service of the discovery. (CCP 2033.250(a).)
Service was proper. Defendant has provided a certified mail receipt indicating that the Requests for Admission (RFAs) were served on June 17, 2025-within the 30-day period required by statute following service on May 20, 2025. Additionally, Defendant includes a proof of service showing that another individual served the documents on Plaintiff on June 17, 2025. Accordingly, the Court finds there is sufficient evidence to conclude that Plaintiff was properly served.
To the extent Plaintiff alleges improper service, the Court nevertheless denies the motion, finding that Defendant substantially complied with the statutory requirements by submitting responses to the RFA's prior to the hearing. Defendant is ordered to re-serve Plaintiff.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/SKF)