Judge: Deirdre Hill, Case: 21TRCV00732, Date: 2022-07-28 Tentative Ruling
Case Number: 21TRCV00732 Hearing Date: July 28, 2022 Dept: M
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Superior Court
of Southwest
District Torrance Dept. M |
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BANK OF
AMERICA, N.A., |
Plaintiff, |
Case No.: |
21TRCV00732 |
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vs. |
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[Tentative]
RULING |
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JOHN
METZ, |
Defendant. c |
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Hearing Date: July
28, 2022
Moving
Parties: Plaintiff Bank of America, N.A.
Responding
Party: None
Motion
for Order Admitting Truth of the Matters Specified
The court considered the moving papers. No opposition was filed.
RULING
The motion is GRANTED. The truth of any matters specified in plaintiff
Bank of America, N.A.’s Request for Admission, Set One, served on defendant
John Metz is deemed admitted.
BACKGROUND
On October 6, 2021, Bank of America, N.A. filed
a complaint against John Metz for open book account and account stated.
On November 17, 2021, defendant
(self-represented) filed an answer.
LEGAL
AUTHORITY
Pursuant to CCP § 2033.280(b), a
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). “Failure to timely respond to RFA does not
result in automatic admissions. Rather,
the propounder of the RFA must ‘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 § 2023.010 et seq.” Weil & Brown, Civ. Proc. Before Trial,
¶ 8:1370, citing CCP § 2033.280(b). The
court “shall” grant the motion to deem RFA admitted, “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).
DISCUSSION
Plaintiff Bank of America, N.A. requests
that the genuineness of documents and the truth of matters specified in its
Request for Admission of Truth of Facts and Genuineness of Documents, Set One be
admitted as against defendant John Metz.
Plaintiff contends that it served
its requests on January 24, 2022.
Responses were due by March 5, 2022.
To date, plaintiff’s counsel has not received responses.
The court finds that plaintiff
properly served its request for admission, set one on defendant and that
defendant failed to respond.
The motion is GRANTED.
Moving party is ordered to give
notice of ruling.