Judge: Frank M. Tavelman, Case: 22BBCV00363, Date: 2023-02-10 Tentative Ruling

Case Number: 22BBCV00363    Hearing Date: February 10, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

ALLEGATIONS: 

Bank of America, NA (“Plaintiff”) filed this action for damages against Danell D. Johnson (“Defendant”) on June 23, 2022. Plaintiff seeks damages for money lent in the amount of $25,125.84.   

HISTORY: 

On July 1, 2022, Plaintiff served on Danell D Johnson (“Defendant”) the discovery requests, with responses due August 1, 2022. As of the filing of the instant motion, Plaintiff asserts alleges Defendant failed to answer as of January 10, 2023.

Plaintiff previously filed a motion to deem requests for admissions admitted on October 7, 2022. The Court denied this motion for failure to attach a declaration which was referenced in the Notice of Motion. Plaintiff filed the instant motion on January 30, 2023 accompanied by the Declaration of Sarkis S. Karayan.

ANALYSIS: 

I.                    LEGAL STANDARD 

When a party fails respond timely to requests for admission, the propounding party may seek a Court order deeming the Requests for Admission admitted. (Code Civ. Proc. § 2033.280.) An untimely responding party waives all objections, including privilege, unless they subsequently serve responses in substantial compliance with the Civil Discovery Act, and they demonstrate that their failure is the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc., § 2030.290(a); § 2033.280(a).) For untimely responses to Requests for Admission, the Court shall deem the Requests for Admission admitted unless the responding party serves a code compliant response prior to the hearing. (Code Civ. Proc., § 2033.280 (c).)

II.                 MERITS

The Court notes that Plaintiff’s motion was filed on January 30, 2023 past the deadline of January 19, 2023. However, notice of the motion was served on Defendant on January 10, 2023. As such, the Court will consider Plaintiff’s motion on the merits.

Plaintiff submits a declaration and proof of service showing that their Requests for Admissions were served upon defendant via his counsel Jonathan Yong, Esq., Guardian Litigation Group, LLP. Service was rendered by mail to 17922 Fitch, Suite 150 Irvine, CA 92614. Plaintiff also submits two letters sent to Defendant’s counsel requesting response to the Request for Admissions. Plaintiff further states that several calls were made to Defendant’s counsel regarding the matter. To date, Defendant has not served code complaint responses.

III.              CONCLUSION

The Court GRANTS the motion to deem Requests for Admissions Admitted.

--- 

RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

Bank of America, NA’s Motion to Deem Request for Admissions Admitted came on regularly for hearing on February 10, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED IS GRANTED.

IT IS SO ORDERED. 

DATE: February 10, 2023                           

_______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles