Judge: Cynthia A Freeland, Case: 37-2023-00001203-CU-CL-NC, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 25, 2024

01/26/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Other Collections Motion Hearing (Civil) 37-2023-00001203-CU-CL-NC CAVALRY SPV I LLC VS BURKE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/28/2023

Plaintiff Cavalry SPV I, LLC ('Plaintiff')'s motion to deem Requests for Admission (Set One) (the 'Discovery Request') admitted is granted.

The court construes Defendant Shad Lawrence Burke ('Defendant')'s lack of opposition as a concession of the motion's merits. See San Diego Rules of Court, Rule 2.1.19.B. In addition, the uncontroverted evidence establishes that on June 30, 2023, Plaintiff served Defendant with the Discovery Request via U.S. mail. See Brar Decl., Ex. A. Defendant's responses were due by August 4, 2023. See Cal. Code Civ. P. §§ 1013(a), 2033.250(a). To date, Defendant has not provided responses to the Discovery Request. See Brar Decl., ¶ 5. The foregoing constitutes good cause to grant the motion. See Cal. Code Civ. P. § 2033.280(b). In addition, Defendant has not provided evidence that he has served, before this hearing, proposed responses that substantially comply with California Code of Civil Procedure § 2033.220. See Cal. Code Civ. P. § 2033.280(c); St. Mary v. Sup. Ct. (2014) 223 Cal. App. 4th 762, 776.

The court may award sanctions to the party seeking to compel discovery even though no opposition to the motion was filed. See Cal. R. Ct. 3.1348(a). Additionally, the court must 'impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.' Cal. Code Civ. P. § 2033.280(c). In this case, Plaintiff does not request any sanctions and, as a result, the court does not award any.

In light of the foregoing, the court grants the motion and deems admitted the genuineness of any documents and the truth of any matters specified in the Discovery Request.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, January 26, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 26, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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