Judge: Gary Y. Tanaka, Case: YC072852, Date: 2022-08-11 Tentative Ruling
Case Number: YC072852 Hearing Date: August 11, 2022 Dept: B
LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT
Honorable Gary Y. Tanaka Thursday, August 11, 2022
Department B Calendar No. 3
PROCEEDINGS
Mohammad N. Hanafi, et al. v. Charles E. Boswell, et al.
YC072852
Towd Point Mortgage Trust 2018-4, U.S. Bank National Association, as Indenture Trustee’s Motion for an Order that Requests for Admissions Propounded on Defendant Mohammad (or Mohammed) N. Hanafi, Trustee for the 5517 Overland Dr. Irrevocable Living Trust be Deemed Admitted
TENTATIVE RULING
Towd Point Mortgage Trust 2018-4, U.S. Bank National Association, as Indenture Trustee’s Motion for an Order that Requests for Admissions Propounded on Defendant Mohammad (or Mohammed) N. Hanafi, Trustee for the 5517 Overland Dr. Irrevocable Living Trust be Deemed Admitted is granted.
Background
Plaintiff Mohammad N. Hanafi filed his Complaint, Case Number YC072852, on April 30, 2018. Plaintiff’s Second Amended Complaint was filed on December 21, 2018. Plaintiff alleges the following facts. Plaintiff is a licensed real estate broker. Defendant Charles E. Boswell desired to buy real property located at 5517 Overdale Dr., Los Angeles, CA 90043. Defendant agreed to buy the subject property from Plaintiff, who held an entire interest in the property. Until he was able to do so, Defendant was a mere tenant and given a right of first refusal. However, Defendant, while still a renter, wrongfully refinanced the property on June 8, 2007, without the knowledge of Plaintiff, while Plaintiff was incarcerated. The Second Amended Complaint alleges the following causes of action: 1. Constructive Fraud; 2. Fraud – Deceit; 3. Breach of Contract; 4. Negligence; 5. IIED; 6. Breach of Fiduciary Duties (sic).
On April 20, 2020, Plaintiff Towd Point Mortgage Trust 2018-4, U.S. Bank National Association, as Indenture Trustee filed its Complaint in Case Number 20STCV15550. Plaintiff alleges that its Deed of Trust is a valid and enforceable Deed of Trust, in first priority position against the Overdale Property, and is senior in its right and priority over the claimed interests of any party. Plaintiff alleges that it is entitled to either (1) an equitable lien against the Overdale Property, or (2) an equitable lien against the Overdale Property. Plaintiff alleges the following causes of action: 1. Declaratory Relief; 2. Equitable Subrogation. The two cases were consolidated on March 4, 2021.
The motion is filed by Plaintiff Towd Point as to the Complaint of Towd Point.
Motion to Deem RFAs Admitted
CCP § 2033.280(b) states: “The requesting 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).” (CCP § 2033.280(b))
Code Civ. Proc., § 2033.290(a) states: “On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (1) An answer to a particular request is evasive or incomplete. (2) An objection to a particular request is without merit or too general.”
Code Civ. Proc., § 2033.290(e) states: “If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
On December 15, 2021, the Court granted Plaintiff’s motion to compel further responses to Requests for Admissions, Set One. (Decl., David Myers, ¶ 3.) Defendant failed to serve further responses to Requests for Admissions. (Id., at ¶ 4.) Thus, pursuant to CCP § 2033.290(e), Plaintiff’s Requests for Admissions, Set One, are deemed admitted.
Plaintiff is ordered to give notice of this ruling.