Judge: John J. Kralik, Case: 24NNCV05849, Date: 2025-05-23 Tentative Ruling
Case Number: 24NNCV05849 Hearing Date: May 23, 2025 Dept: NCB
North Central District
ANTHONY CLARK,
Plaintiff, v.
DEFENSE INTERNATIONAL CORP, et al.,
Defendants. |
Case No.: 24NNCV05849
Hearing Date: May 23, 2025 [TENTATIVE] ORDER RE: MOTION TO DEEM ADMITTED
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On April 10, 2025, Plaintiff Anthony Clark (“Plaintiff”) filed a motion for order deeming Requests for Admissions (“RFA”), set one, admitted against Defendants Defense International Corp and Chaz McKinney (“Defendants”).
On January 16, 2025, Plaintiff served on Defendants the discovery requests, such that responses were due by February 20, 2025. Plaintiff sent meet and confer letters to Defendants, seeking responses. As of the filing of the motions, Plaintiff states that he has not received responses from Defendants. (The Court notes that while Defendants have been served with the summons and complaint, they have not yet answered or made an appearance in this action.)
Plaintiff’s unopposed motion for an order deeming the RFAs admitted could be granted, pursuant to CCP § 2033.280. Nevertheless, the Court views it as premature to impose what may be an ultimate sanction establishing liability before Defendants’ answer is due. Therefore, the Court is inclined to continue this motion beyond the time set for Defendants’ response. The Court will inquire at the hearing regarding the time set for Defendants’ response.