2017-00217543-CU-WT

Alisia Hill vs. Nelson & Kennard Attorneys at Law

Nature of Proceeding: Motion for Order Deeming Admitted Truth of Facts and Genuineness of

Filed By: Asterlin, Alexandra

Defendants Nelson & Kennard and Robert Kennard’s (“Defendants”) Motion For Order Deeming Admitted Truth of Facts and Genuineness of Documents is unopposed but is DENIED WITHOUT PREJUDICE.

The moving papers assert that on May 18, 2018, Defendants served Request for Admissions (“RFAs”) Set No. One on Plaintiff Alisa Hill (see Exhibit A to the Declaration of Alexandra M. Asterlin), and that the time for Plaintiff to serve a timely response expired on June 22, 2018. Defendants have purportedly received no responses to the RFAs to date.

The papers do not include a copy of the proof of service for the underlying RFAs. Defense counsel’s declaration states that “a true and correct copy of those Requests for Admission including Proof of Service is attached as Exhibit A” (Declaration of Alexandra M. Asterlin ¶ 2 (emphasis added)). However, Exhibit A to the declaration does not include any proof of service for the actual RFAs.

Thus, moving party has not demonstrated that the RFAs were ever served on Plaintiff. The Court cannot grant the motion to compel without a proper showing on this threshold matter.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.