Judge: Gary I. Micon, Case: 24CHCV01719, Date: 2024-11-26 Tentative Ruling

Case Number: 24CHCV01719    Hearing Date: November 26, 2024    Dept: F43

Dept. F43

Date: 11-26-24

Case # 24CHCV01719, Bank of America, N.A. v. Singh

Trial Date: None set.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

MOVING PARTY: Plaintiff Bank of America, N.A.

RESPONDING PARTY: None.

RELIEF REQUESTED

Deem requests for admission admitted and award sanctions.

RULING: Motion is granted.

SUMMARY OF ACTION

On May 3, 2024, Bank of America filed this action against Gurmit Singh to collect loan amount: $39,742.74. The complaint alleges a common count of money owed.

On June 19, 2024, Bank of America served Requests for Admissions on Singh. Singh did not serve answers.

On September 30, 2024, Bank of America filed this motion to deem its requests for admissions admitted. Singh has not filed an opposition.

Summary of Arguments

Bank of America argues the Court should grant this motion because the requests are relevant to this case and do not relate to privileged matters, and Singh’s refusal to answer is without substantial justification.

ANALYSIS

Responses to requests for admissions are due 30 days from the date the requests were served on the responding party. (Code Civ. Proc., § 2033.250, subd. (a).)

When a responding party fails to serve a timely response to requests for admission, the demanding party may move for an order that “the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for a monetary sanction.” (Code Civ. Proc., § 2033.280, subd. (b).) The responding party waives any objection including those based on privilege or work product protection. (Code Civ. Proc § 2033.280, subd. (a).)

Here, Bank of America served Singh via mail within California on June 19, 2024. Singh’s deadline to serve responses was July 24, 2023, thirty days plus five days for mail. (See Code Civ. Proc., § 1013, subd. (a).) Singh did not serve a response. Bank of America mailed letters to Singh’s counsel on August 14, 2024 and September 4, 2024 asking for responses and informing

counsel that Bank of America would file this motion if no responses were received by September 14, 2024.

Accordingly, the Court grants Bank of America, N.A.’s motion.

ORDER

The Court deems plaintiff Bank of America, N.A.’s Requests for Admission admitted.

Moving party to give notice.