Bank of America NA vs Katelyn Cochran

Case Number

23CV03970

Case Type

Hearing Date / Time

Fri, 03/08/2024 - 10:00

Nature of Proceedings

Motion: Admissions

Tentative Ruling

This is a motion by plaintiff Bank of America to deem matters admitted pursuant to Code of Civil Procedure section 2033.280. On October 23, 2023, plaintiff mailed written discovery to defendant Katelyn Cochran, including its Plaintiff’s Requests for Admission to Defendant. (Langedyk decl., ¶ 2.) The proof of service of the discovery states that the discovery was served by mail to defendant at 2620 Dorking Pl., Santa Barbara, CA 93015. (Lagedyk decl., ¶ 2 & exhibit A, p. 14.) However, defendant’s zip code as set forth in defendant’s answer, the last-filed document by defendant, is 93105, a different zip code than shown in the proof of service of the discovery. “ ‘[S]trict compliance with statutory provisions for service by mail is required, and improper service will be given no effect. [Citations.]’ [Citation.]” (Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 288.) “In the absence of proof notice was actually received, the [serving party’s] failure to use the correct zip code invalidates what would have otherwise been sufficient notice.” (Ibid. [zip code off by one digit].)

Because there is no proof that the underlying discovery was effectively served, the obligation to respond did not arise and defendant is not shown to have failed to respond timely. The motion to deem admissions will therefore be denied. (See Code Civ. Proc., §§ 2033.250, subd. (a), 2033.280, subd. (b).)”