Judge: Gregory Keosian, Case: 20STCV05582, Date: 2022-08-16 Tentative Ruling

Case Number: 20STCV05582    Hearing Date: August 16, 2022    Dept: 61

Plaintiff Charles Verges’s Motion to Deem Matters Admitted against Defendants Suart Wilhelm and Nicole Elliot is GRANTED.

I.                MOTION TO DEEM ADMITTED

“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.” (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for admissions, “[t]he 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” (Code Civ. Proc., § 2033.280 subd. (b).)

Plaintiff served Defendants Nicole Elliot and Stuart Wilhelm with requests for admissions on April 1, 2021. (Avina Decl. ¶¶ 3–4.) The deadline for responses was extended to June 2, 2021, but no responses were served. (Avina Decl. ¶¶ 5–7.) Despite efforts to contact Defendants about the requests, no answer has been received. (Avina Decl. ¶¶ 8–11.)

Unless responses to the requests for admission are served by the date of hearing, the motions to deem admitted shall be GRANTED.

Plaintiff to give notice.