Judge: Joel L. Lofton, Case: 21GDCV00964, Date: 2024-01-09 Tentative Ruling

Case Number: 21GDCV00964    Hearing Date: January 9, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      January 9, 2024                                   TRIAL DATE: March 5, 2024

CASE:                         NENGDE XU, an individual, v. SUNG HO SUH, an individual, MIN YI JIANG, an individual, and DOES 1 through 20, inclusive. 

CASE NO.:                 21GDCV00964

MOTION TO DEEM ADMITTED

MOVING PARTY:               Plaintiff Nengde Xu

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed November 21, 2023

RELIEF REQUESTED

             Plaintiff moves for an order deeming the truth of the matters of the requests for admissions admitted.

BACKGROUND

             This case arises out of Plaintiff Nengde Xu’s (“Plaintiff”) claim that Defendants Sung Ho Suh (“Suh”) and Min Yu Jiang (“Jiang”) (collectively “Defendants”) failed to repay Plaintiff in the amount of $250,000. Plaintiff alleges that he loaned $200,000 to Defendants according to a promissory note entered into around January 2019 and an additional $50,000 after a verbal agreement around March 2019. Plaintiff alleges that around March 2020, Defendants provided Plaintiff with a check for $17,500, which bounced due to insufficient funds. Plaintiff alleges that Defendants have not repaid the money owed.

            Plaintiff filed a complaint on July 22, 2021, alleging three causes of action for (1) breach of promissory note, (2) breach of the implied covenant of good faith and fair dealing, and (3) declaratory relief.

TENTATIVE RULING

Plaintiff’s motion to deem the truth of the matters asserted in her requests for admissions is GRANTED.

Plaintiff’s request for sanctions is granted for a total of $400.

LEGAL STANDARD

Code of Civil Procedure section 2033.280, subdivision (b), provides that if a party fails to respond to a request for admission, “[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”.

DISCUSSION

            Plaintiff moves for an order deeming the truth of the matters asserted in her requests for admissions admitted. Plaintiff provides she served her requests for admissions set one on Suh on July 10, 2023. (Scroggins Decl. ¶ 3.) Plaintiff provides that she has not received a response. (Id. ¶ 4.) Plaintiff has demonstrated that she served requests for admissions, but Defendant failed to provide any response. Plaintiff’s motion to deem the truth of the matters asserted in her requests for admissions is granted.

            Code of Civil Procedure section 2033.280, subdivision (c), provides, in part: “It is mandatory that the court impose a monetary . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” Plaintiff’s request for sanctions is granted for a total of $400.

CONCLUSION

Plaintiff’s motion to deem the truth of the matters asserted in her requests for admissions is GRANTED.

Plaintiff’s request for sanctions is granted for a total of $400.

Moving Party to give notice.

Dated:   January 9, 2024                                             ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court