Judge: Daniel M. Crowley, Case: 21STCV22726, Date: 2022-08-16 Tentative Ruling

Case Number: 21STCV22726    Hearing Date: August 16, 2022    Dept: 28

Plaintiff John Hernandez’s Motion to Deem Defendant Nexus Villegas’s Requests for Admissions Admitted; Plaintiff John Hernandez’s Motion to Deem Defendant Laura Corona’s Requests for Admissions Admitted; Plaintiff John Hernandez’s Motion to Deem Defendant Ricardo Corona’s Requests for Admissions Admitted.

Having considered the moving and opposing papers, the Court rules as follows. 

BACKGROUND

On June 17, 2021, Plaintiff John Hernandez (“Plaintiff”) filed this action against Defendants Laura Corona (“Laura”) and Ricardo Corona (“Ricardo”) for negligence, common law strict liability, strict liability and battery. Plaintiff later amended the complaint to include Defendants Edwin Villegas (“Edwin”) and Nexus Villegas (“Nexus”).

On November 4, 2021, Laura and Ricardo filed answers. On November 19, 2021, Edwin filed an answer.

On January 10, 2022, Plaintiff filed Motions to Deem Request for Admissions Admitted against Ricardo, Laura, and Nexus, all to be heard on June 16, 2022. The Court continued the hearing on the motion to August 17, 2022.

Trial is currently scheduled for December 15, 2022. 

PARTY’S REQUESTS

Plaintiff requests the Court order Request for Admissions, Set One, against Ricardo, Laura, and Nexus be deemed admitted.

Ricardo and Laura request the Court deny the motion.

LEGAL STANDARD

Under CCP § 2033.280:

“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

On October 22, 2021, Plaintiff served Requests for Admission, Set No. One on Nexus. Responses were due November 26, 2021. Nexus has yet to provide a response. As such, the Court grants the motion.

On October 22, 2021, Plaintiff served Requests for Admission, Set No. One on Laura. On October 29, 2021, Plaintiff served Requests for Admission, Set No. One on Ricardo. Laura and Ricardo served code-complaint responses on June 22, 2022, prior to the hearing on this motion. As such, the Court denies the motion as to Ricardo and Laura.

CONCLUSION

Plaintiff John Hernandez’s Motion to Deem Defendant Nexus Villegas’s Requests for Admissions Admitted is GRANTED. The requests are deemed admitted.

 Plaintiff John Hernandez’s Motion to Deem Defendant Laura Corona’s Requests for Admissions Admitted is DENIED. Plaintiff John Hernandez’s Motion to Deem Defendant Ricardo Corona’s Requests for Admissions Admitted is DENIED.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.