Judge: Jon R. Takasugi, Case: 24STCV13400, Date: 2025-02-18 Tentative Ruling

Case Number: 24STCV13400    Hearing Date: February 18, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to have its RFAs deemed admitted is GRANTED. Defendant RCG is sanctioned, jointly and severally with counsel, $700.00, due within 15 days of entry of this order.

            On 5/29/2024, Plaintiff Westlake Towers, LLC (Plaintiff) filed suit against Renaissance Construction Group dba RCG Builders, Inc., RCG Builders, Inc., Youssef Mikhail aka Joe Mikhail, and the Western Surety Company, alleging: (1) breach of written contract; (2) fraud; and (3) claim against license bond.

            On 12/19/2024, Plaintiff/Cross-Defendant (Plaintiff) moved to have its Requests for Admission (RFAs) deemed admitted as to Defendant/Cross-Complainant Renaissance Construction Group, Inc. dba RCG Builders, Inc. (Defendant RCG).

            The motion is unopposed.

Discussion

            On 9/11/2024, Plaintiff served RFAs (Set One) on Defendant RCG. (Pugh Decl, Exhs. 1, 2.) To date, no responses have been received. The Court takes Defendant RCG’s non-opposition as a concession to the motion on the merits.

            Moreover, given Defendant RCG’s non-opposition, the Court is without substantial justification for the failure to respond. Accordingly, sanctions are appropriate.

            Based on the foregoing, Plaintiff’s motion to have its RFAs deemed admitted is granted. Defendant RCG is sanctioned, jointly and severally with counsel, $700.00. ($350/hr x 2 hr.)

It is so ordered.

Dated:  February    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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