Judge: Joel L. Lofton, Case: 22AHCV00260, Date: 2022-10-11 Tentative Ruling

Case Number: 22AHCV00260    Hearing Date: October 11, 2022    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     October 6, 2022                                  TRIAL DATE:  October 11, 2022

CASE:                         GRAND AVENUE EL MONTE LP A CALIF. LIMITED PARTNERSHIP, v. STEPHEN CONNER. 

CASE NO.:                 22AHCV00260

MOTION FOR SUMMARY JUDGMENT

MOTION TO SET ASIDE ORDER ADMITTING TRUTH OF REQUESTS FOR ADMISSIONS

MOVING PARTY:              Motion for summary judgment filed by Plaintiff Grand Avenue Monte LP

                                                Motion to set aside order filed by Defendant Stephen Conner

RESPONDING PARTY:      No response filed to either motion.

SERVICE:                              Motion for summary judgment filed September 13, 2022

                                                 Motion to set aside order filed September 16, 2022

RELIEF REQUESTED

            Plaintiff moves for summary judgment.

            Defendant moves for relief from the Court’s August 17, 2022, order deeming Plaintiff’s requests for admissions admitted.

BACKGROUND

             This case arises out of Plaintiff’s unlawful detainer claim against Defendant Stephen Connor (“Defendant”). Plaintiff alleges that Defendant owes past-due rent totaling $30300. Plaintiff filed a form complaint on May 4, 2022.

TENTATIVE RULING

            Plaintiff’s motion for summary judgment is DENIED.

            Defendant’s requests for relief from the Court’s August 17, 2022, order deeming the truth of Plaintiff’s requests for admissions admitted is GRANTED.

            Defendant shall submit an opposition to Plaintiff’s motion to deem admitted within five days of this order.

LEGAL STANDARD

“The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) “A party may move for summary judgement in an action or proceeding if it is contented that the action has no merit or that there is no defense to the action or proceeding.” (Code of Civil Procedure section 473c subd. (a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedures section 473c subd. (c).)

DISCUSSION

            Relief from Order Deeming Requests for Admissions Admitted

            Defendant moves for relief from the Court’s August 17, 2022, order deeming the truth of the matters specified in Plaintiff’s requests for admissions admitted. Defendant makes this motion pursuant to Code of Civil Procedure section 473 and seeks to set aside the previous order so that the matter may be determined on its merits.

          Code of Civil Procedure section 473, subdivision (b), provides, in part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.”

            Defendant’s counsel provides that Plaintiff served its notice of motion for an order admitting the truth of the requests for admissions admitted to rubenslawpractice@gmail.com, an email address that Defendant’s counsel has not used in over three years. (Newell Decl. ¶ 2.) Defendant’s counsel provides his current and correct email is rnewell@pnlawca.com. (Id. ¶ 3.)

            Here, Defendant’s counsel has provided an explanation as to why he did not respond to Plaintiff’s motion to deem admitted based on mistake or inadvertence. Defendant’s request for relief from the Court’s August 17, 2022, order deeming the truth of the matters specified in Plaintiff’s requests for admission admitted is granted.

            Motion for Summary Judgment

            Plaintiff moves for summary judgment based on the Court’s August 17, 2022, order. Plaintiff asserts that there is no dispute of material fact because Defendant was deemed to admit the truths of the matters asserted in Plaintiff’s requests for admission. However, because the Court has relieved Defendant from the August 17, 2022, order and will determine Plaintiff’s requests to deem admitted based on the merits, Plaintiff’s motion for summary judgment must be denied.

CONCLUSION

            Plaintiff’s motion for summary judgment is denied.

            Defendant’s requests for relief from the Court’s August 17, 2022, order deeming the truth of Plaintiff’s requests for admissions admitted is granted.

            Defendant shall submit an opposition to Plaintiff’s motion to deem admitted within five days of this order.

            Plaintiff to give notice.

Dated:   October 6, 2022                                 ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court