Judge: David A. Hoffer, Case: 30-2021-1212458, Date: 2022-09-12 Tentative Ruling

Plaintiff Capital One Bank, N.A.’s motion for an order that matters in request for admission of truth of facts be deemed admitted against Defendant Victoria R. Paoletti is GRANTED.

When a party fails to respond to request for admissions, the propounding party may move for an order that the truth of any matter specified in the request be deemed admitted. (Code Civ. Proc, § 2033.280, subd. (b).) A court shall make such order unless proposed responses in substantial compliance are served before the hearing. (Id., § 2033.280, subd (c).)

On January 10, 2022, Plaintiff mail served request for admissions (set one) on Defendant. [Mortl Decl., ROA 36, ¶ 2 and Exh. A] Plaintiff did not respond. [Id., ¶ 3] On February 25, 2022, Plaintiff sent Defendant a meet and confer letter, but she did not respond. [Id., ¶ 4]

Here, Plaintiff has demonstrated that it properly served the requests for admissions on Defendant and has not received a response. Plaintiff did not file an opposition to the motion to show otherwise. Therefore, the motion for an order that matters in the request for admission be deemed admitted is granted.

Plaintiff is ordered to give notice of this ruling.