Garcia v. Garcia

60 P.3d 1174 (2002)

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Nature of the Case

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Facts

On March 2, 1999, H filed a Verified Petition to Modify Decree of Divorce. W filed an Answer to the petition but failed to respond to H's Request for Admissions. Thus, pursuant to rule 36(a) of the Utah Rules of Civil Procedure, W admitted the following facts (1) that 'she was acquainted with Kimberly Ellis'; (2) 'that she and Ellis lived together at an address in Seaside, Oregon, from September 19, 1997, to December 1998'; (3) 'that she and Ellis shared a bedroom, bed, and had sexual contact at that residence during that period of time'; (4) that she 'and Ellis shared the living expenses at that residence during that period of time'; (5) that she 'and Ellis shared an address in Cannon Beach, Oregon, from December 1998 to March 1999'; (6) 'that she and Ellis shared a bedroom, bed, and had sexual contact at that residence during that period of time'; and (7) that she 'and Ellis shared the living expenses at that residence during that period of time.' H filed a motion for summary judgment. The court concluded, 'that the plain meaning of 'cohabitation' requires a sexual relationship between members of the opposite sex.' H appealed.