BANK OF AMERICA N.A. VS. DANIEL MIGDAL ALEXANYAN

Plaintiff Bank of America, N.A.’s Motion for Order that Matters in Request for Admission of Truth of Facts Be Deemed Admitted is DENIED.

Responses to requests for admission must be served within thirty days of service of the requests. (Code Civ. Proc., § 2033.250, subd. (a).) If timely responses are not served, the responding party waives any objection to the requests and the propounding party may move for an order deeming the truth of the matters specified in the requests admitted. (Id., at § 2033.280, subds. (a), (b).) A court must grant the requested order unless it finds that a proposed response to the requests that substantially complies with Code of Civil Procedure sections 2033.220 has been served. (Id., at subd. (c).)

In support of the motion, Plaintiff Bank of America, N.A. (“BANA”) presents the “Supporting Declaration of Ruonan Wang.” (Mar. 19, 2026 Motion, p. 5 et seq. (“Wang Decl.”).) Though the declaration purports to be made by one Ruonan Wang, it not signed by any such person—instead it is signed by Brian Langedyk. (Wang Decl., p. 6.) To constitute admissible evidence, a declaration must be sub-scribed by the declarant. (See Code Civ. Proc., § 2015.5; see also Cal. Rules of Court, rule 3.1115 [declarant must be named in caption].).

Thus, having submitted no admissible evidence, BANA has not established that any requests for admissions have gone unanswered. Accordingly, the motion is denied.