Judge: David A. Rosen, Case: 22GDCV00196, Date: 2022-09-09 Tentative Ruling

Case Number: 22GDCV00196    Hearing Date: September 9, 2022    Dept: E

Hearing Date: 09/09/2022 – 8:30am
Case No.: 22GDCV00196
Trial Date: UNSET
Case Name: CAPITAL ONE BANK (USA) N.A. v. HEROS GHARIBIAN

TENTATIVE RULING - MOTION TO DEEM RFA ADMITTED

Moving Party:  Plaintiff, Capital One Bank (USA), N.A.
Responding Party: No Opposition

No Opposition and No Reply

Procedural
16/21 Day Lapse (CCP §12c and §1005(b): ok
Proof of Service Timely Filed (CRC, Rule 3.1300): ok
Correct Address (CCP §1013, §1013a): ok

RELIEF REQUESTED¿ 
Plaintiff, Capital One Bank (USA) N.A. moves for an order pursuant to CCP §2023.010 et seq. and 2033.280 that the truth of all specified facts in the Request for Admissions, Set One, propounded by Plaintiff on Defendant, Heros Gharibian, by mail on June 21, 2022, be deemed admitted. This motion is made on the grounds that Defendant failed to serve responses to Plaintiff.

LEGAL STANDARD – REQUEST TO DEEM ADMISSIONS ADMITTED
A party must respond to Requests for Admission within 30 days of service. (Code Civ. Proc., § 2033.250(a).) In the event a party fails to timely respond, the propounding party may move the Court for an order deeming “the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted [by the party who failed to timely respond].” (CCP § 2033.280(b).) 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. (CCP §2033.280(c).)  Further, if a party fails to timely respond, 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 2018.100), unless the party files a motion for waiver of objections. (See CCP §2033.280(a).)

CCP §2033.280 does not contain a requirement that the moving party meet and confer with the party who failed to timely respond to requests for admissions.

ANALYSIS
On June 21, 2022, Plaintiff served by mail its first set of requests for admissions on Defendant. At the time Plaintiff filed the instant motion on August 8, 2022, Plaintiff had not received responses.

TENTATIVE RULING
Since over 30 days has passed since Defendant was properly served requests for admissions and Plaintiff has not received responses, and since Notice of this Motion was timely and properly given, Motion to deem requests for admission, set one is GRANTED.

Sanctions
Despite CCP section 2033.280(c), neither the notice of motion nor the motion itself includes a request for sanctions. Further, Plaintiff’s counsel’s declaration mentions neither sanctions nor any factual support therefor.  Thus, no sanctions are awarded.

The Court notes that movant/plaintiff has submitted this Motion without an appearance pursuant to CRC 3.1304(c) and Ensher v. Ensher (1964) 225 Cal.App.2d 318.