Judge: Gregory Keosian, Case: 21STCV28919, Date: 2022-10-27 Tentative Ruling

Case Number: 21STCV28919    Hearing Date: October 27, 2022    Dept: 61

Defendant MCEC, Inc.’s Motion to Deem Matters Admitted against Plaintiff Nationwide Contracting Services is GRANTED, unless responses to the requests for admission are served by the date of hearing. Sanctions are DENIED should the responses be served.

“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).)

Defendant MCEC, Inc. (Defendant) served requests for admissions upon Plaintiff Nationwide Contracting Services (Plaintiff) on June 3, 2022. (Miller Decl. ¶ 2.) As of the date of the motion being filed on July 28, 2022, no responses have been served. (Miller Decl. ¶ 3.)

Plaintiff’s counsel in opposition states that no timely responses were served because of a calendar error, and that objection-free responses will be served before the hearing on this motion. (Graves Decl. ¶¶ 3, 6.) Plaintiff notes that there was no attempt to contact them before filing this motion. (Graves Decl. ¶ 5.) 

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