Judge: Joel L. Lofton, Case: 22AHCV00213, Date: 2023-03-24 Tentative Ruling

Case Number: 22AHCV00213    Hearing Date: March 24, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      March 24, 2023                                  TRIAL DATE:  

CASE:                         W F TILE v. ZHONG FANG, an individual.  

CASE NO.:                 22AHCV00213

MOTION TO DEEM ADMITTED

MOVING PARTY:               Plaintiff W F Tile.

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed March 7, 2023

RELIEF REQUESTED

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

BACKGROUND

             This case arises out of Plaintiff W T File’s (“Plaintiff”) claim that Defendant Zhong Fang (“Defendant”) breached a contract for the purchase of supplies. Plaintiff alleges monetary damages totaling $41,513.77. Plaintiff filed a complaint on April 12, 2022, alleging two cause of action for (1) breach of contract and (2) common counts.

TENTATIVE RULING

            Plaintiff’s motion is ordered continued 30 days.

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 provides it served its requests for admissions on Defendant on December 6, 2022. (Teperson Decl. ¶ 2.) Plaintiff provides the time to respond expired on January 12, 2023, and it did not receive Defendant’s response. (Id. ¶ 3.) Plaintiff has established that it served Defendant with request for admissions, but Defendant failed to provide timely response.

            However, Plaintiff’s motion is procedurally deficient. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. . . . However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California”. (Code of Civil Procedure section 1005, subd. (b).) Plaintiff filed this motion on March 7, 2023, and attached a proof of service indicating the motion was served by mail. The original hearing date was set for March 23, 2023, and the updated hearing date is March 24, 2023.

            Plaintiff’s motion fails to comply with the requirements of Code of Civil Procedure section 1005, subdivision (b). Plaintiff’s motion is ordered continued 30 days.

CONCLUSION

            Plaintiff’s motion is ordered continued 30 days.

            Moving Party to give notice.

Dated:   March 24, 2023                                             ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org