On April 10, 2017, Plaintiff Pacific Bell Telephone Co. (“Plaintiff”) filed a Motion to Deem the Truth of Matters Specified Its Requests for Admissions as Admitted and to Request for Sanctions (the “Motion”).

Proof of Service

CCP § 1005(b) states in pertinent part: “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . . . .”

The Court notes that there is no proof of service attached to the moving papers. Thus, the Court cannot determine if Defendant Anna Babayants (“Babayants”) were properly served with the moving papers as required by CCP § 1005. Pr