Judge: Frank M. Tavelman, Case: 24BBCV00207, Date: 2024-11-08 Tentative Ruling

Case Number: 24BBCV00207    Hearing Date: November 8, 2024    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO DEEM REQUEST FOR ADMISSIONS MATTERS ADMITTED

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS: 

Britecap Financial, LLC (Plaintiff) brings this action against AGCO Construction, LLC (AGCO) & Donald J. Aguillard (Aguillard) (collectively Defendants). Plaintiff alleges that Defendants are indebted to them in the amount of $52,325.97 as Defendants failed to make payments pursuant to a May 9, 2023 Loan Agreement. Plaintiff alleges this Loan Agreement was personally guaranteed by Aguillard, who is listed as on the Agreement as the owner of ACGO.

On April 15, 2024 Aguillard filed a General Denial in pro per. On October 25, 2024, default was entered against AGCO.

Before the Court is Plaintiff’s Motion to Deem Matters in their Request for Admissions (RFA) admitted. Plaintiff states this motion has resulted from Augillard’s failure to respond to their RFA demands. Aguillard has not opposed this motion. The Court notes that, pursuant to C.R.C. Rule 8.54(c), a failure to oppose a motion may be deemed consent to its being granted. 

ANALYSIS: 

I.                    LEGAL STANDARD 

If a party fails to respond to requests for admission in a timely manner, the requesting party may move for an order that the matters be deemed admitted. (C.C.P. § 2033.280(b).) The requesting party’s motion must be granted by the court unless the party to whom the requests for admission have been directed has served a proposed response to the requests for admission that is in substantial compliance with C.C.P. § 2033.220 prior to the hearing.  (C.C.P. § 2033.280(c).)  By failing to timely respond, the party to whom the requests are directed waives any objection to the requests, including one based on privilege or work product.  (C.C.P. § 2033.280(a).) 

II.                 MERITS

Request to Deem RFA Matters Admitted  

On May 8, 2024, Plaintiff served their first set of discovery demands on Aguillard, which included RFA Set One and Form Interrogatories Set One. (Blanda Decl. ¶ 2.) In reviewing Plaintiff’s submissions, the Court notes that Plaintiff does not attach the Proof of Service for these discovery demands. Plaintiff’s Exhibit A, which appears to be a copy of the discovery demands, does not contain a Proof of Service. Nor was a Proof of Service independently filed. Further, the declaration of Plaintiff’s counsel does not describe the method of service.

Given Plaintiff has filed Proofs of Service for the continuance of Case Management Conferences and for the instant motion, the Court presumes this was an inadvertent omission. As such, the Court intends to continue this motion a short time to allow Plaintiff the opportunity to file the Proof of Service. Should Plaintiff file this Proof of Service, the Court would be inclined to grant their unopposed motion.

Sanctions

The Court elects to not assess sanctions against Aguillar as Plaintiff has not requested them in connection with this motion.

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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 

Brightcap Financial, LLC’s Motion to Deem RFA Matters Admitted came on regularly for hearing on November 8, 2024, 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 RFA MATTERS ADMITTED IS CONTINUED TO NOVEMBER 22, 2024 AT 9:00 A.M.

PLAINTIFF TO PROVIDE NOTICE.  

IT IS SO ORDERED. 

DATE:  November 8, 2024                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles