Judge: Christian R. Gullon, Case: 22PSCV00386, Date: 2023-08-21 Tentative Ruling

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Case Number: 22PSCV00386    Hearing Date: August 21, 2023    Dept: O

Tentative Ruling

PLAINTIFF'S MOTION TO DEEM MATTERS ADMITTED is GRANTED. Should Defendant not appear at the hearing, the motion is MOOT because Defendant’s answer is stricken.

Background

This is a contracts case. Plaintiff NATIONAL COLLEGIATE STUDENT LOAN TRUST 2004-2, A DELAWARE STATUTORY TRUST(S) alleges that Defendant PIETRA A ARZU has defaulted on a loan. Defendant owes the principal sum of $47,829.95.

On April 18, 2022, Plaintiff filed suit.

On May 9, 2022, Defendant filed his answer.

On September 12, 2022, the court’s minute order re the CMC indicates that Defendant did not appear.

On February 1, 2023, Defendant again did not appear at the CMC. The minute order stated the following: “Order to Show Cause Re: Defendant's Failure to Appear on 2/1/2023 and Failure to File a Case Management Statement is scheduled for 04/20/2023 at 08:30 AM in Department O at Pomona Courthouse South. The Court indicates if the defense fails to appear on the next court date, the matter will be set for an Order to Show Cause re: Striking of Response.” (emphasis added).

On April 17, 2023, Plaintiff filed the instant motion.

On May 30, 2023, Defendant failed to appear at the CMC and OSC hearing. The minute order states the following: “On the Court's own motion, the Order to Show Cause Re: Defendant's Failure to Appear on 2/1/2023 and Failure to File a Case Management Statement scheduled for 05/30/2023, and Case Management Conference scheduled for 05/30/2023 are continued to 09/19/2023 at 09:00 AM in Department O at Pomona Courthouse South. Order to Show Cause Re: Why Court should not Strike Defendant's Answer is scheduled for 09/19/2023 at 09:00 AM in Department O at Pomona Courthouse South.” (emphasis added).

Legal Standard

RFAs are different from other civil discovery tools such as depositions, interrogatories, and requests for documents because while most of the other discovery procedure primarily assist counsel prepare for trial, RFAs are aimed at “setting at rest a triable issue so that it will not have to be tried.” (St. Mary v. Superior Ct. (2014) 223 Cal.App.4th 762, 774, 775, quoting Cembrook v. Superior Ct. (1961) 56 Cal.2d 423, 429.)

C.C.P. section 2033.280 then provides that if a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230.

(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

(b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).

(c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.

Discussion

Plaintiff served the instant discovery upon Defendant on February 20, 2023, responses of which were due on March 27, 2023. To date, Defendant has failed to respond. 

Therefore, the motion is granted, and Defendant has waived any objections.[1]

Notwithstanding the foregoing, should Defendant fail to appear at the hearing on the instant discovery, Plaintiff’s motion is moot because the court will strike Defendant’s answer, rendering him in default.

Conclusion

Based on the foregoing, the motion is GRANTED, or, in the alternative, the motion is moot.