Motion for order deeming admitted defendant’s requests for admission, set one, and imposing monetary sanctions
June 2, 2026 Law and Motion Calendar PAGE 25 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________
2:00 PM LINE 12 25-CIV-02834 LOUISE GRACE JAMES VS. PFV, UTC, LLC, ET AL.
LOUISE GRACE JAMES J. FLORES VALDEZ UNCLE TESTU MICHAEL DI LANDO
DEFENDANT DALY CITY SERRAMONTE CENTER, LLC’S MOTION FOR ORDER DEEMING ADMITTED DEFENDANT’S REQUESTS FOR ADMISSION, SET ONE, AND IMPOSING MONETARY SANCTIONS
TENTATIVE RULING:
The court DENIES without prejudice defendant Daly City Serramonte Center, LLC’s motion for order deeming admitted defendant’s request for admission, set one and imposing monetary sanctions for failure to provide proper notice to plaintiff of the hearing.
In the notice of motion, defendant put the date of May 19, 2026 as the hearing date in the caption, but put the date of May 26, 2026 in the body of the notice as the hearing date, which failed to provide clear notice of the hearing date. Then the clerk’s office changed the hearing date to June 2, 2026. The court file shows a proof of service filed February 19, 2026 of the motion showing service of the motion on defendant on February 19, 2026, but according to the court records, the clerk did not actually process the motion and return it to counsel until February 26, 2026.
Thus, based upon the change of hearing date by the clerk, defendant could not have provided on February 19, 2026 proper notice of the June 2, 2026 hearing to plaintiff. There is no amended proof of service in the court file. Therefore, plaintiff did not receive proper notice of the hearing date (Cal. Rules of Court, rule 3.1110(b)(1)) and, therefore, the court must deny the motion because it lacks jurisdiction to hear it. (Diaz v. Professional Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204–1205 [“court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.”].)
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, counsel for defendant shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to
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