Judge: Gary I. Micon, Case: 23CHCV02008, Date: 2024-04-29 Tentative Ruling

Case Number: 23CHCV02008    Hearing Date: April 29, 2024    Dept: F43

Dept. F43

Date: 4-29-24

Case #23CHCV02008 , Bank of American N.A. vs. Alonzo Salmon

Trial Date: N/A

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

MOVING PARTY: Plaintiff Bank of America

RESPONDING PARTY: Defendant Alonzo Salmon

RELIEF REQUESTED

For Plaintiff’s Requests for Admissions to be deemed admitted

RULING: Motion granted

SUMMARY OF ACTION

On August 16, 2023, Plaintiff Bank of America N.A. (Plaintiff) served Defendant Alonzo Salmon (Defendant) with Requests for Admissions, Set One, by mail. Plaintiff has not received a response to these requests for admissions. On October 23, 2023, Plaintiff’s counsel attempted to resolve this discovery problem informally. They requested that Defendant’s responses be received no later than 5 p.m. on November 2, 2023. Defendant did not respond to that letter. Plaintiff filed this motion on December 1, 2023. Plaintiff seeks an order deeming the Requests for Admissions admitted. No opposition has been filed.

ANALYSIS

“Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.” (CCP § 2033.010.)  “Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared…” (CCP § 2033.250(a).) 

If a party to whom request for admissions are served fails to provide a timely response, the party to whom the request was directed waives any objections, including based on privilege or the work product doctrine. (CCP § 2033.280(a).) The requesting party can move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted. (CCP § 2033.280(b).)

Defendant has not served any responses to Plaintiff’s requests for admission. Plaintiff moved for an order deeming the requests for admission admitted. The Court grants Plaintiff’s motion.

ORDER

1.      Plaintiff’s motion to deem requests for admissions admitted is granted.