Judge: Kerry Bensinger, Case: 19STCV26757, Date: 2023-08-23 Tentative Ruling

Case Number: 19STCV26757    Hearing Date: August 23, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 23, 2023                                 TRIAL DATE:  September 8, 2023

CASE:                                David Michael Anderson v. Los Angeles County Metropolitan Transportation Authority

CASE NO.:                 19STCV26757

MOTION TO DEEM ADMITTED REQUESTS FOR ADMISSION, SET THREE

MOVING PARTY:               Defendant Los Angeles County Metropolitan Transportation Authority

RESPONDING PARTY:     No opposition

            On July 31, 2019, Plaintiff, David Michael Anderson, initiated this action against Defendant, Los Angeles Metropolitan Transportation Authority.  Plaintiff is wheelchair bound.  Plaintiff alleges a wheel on his wheelchair became stuck on a narrow ramp of Defendant’s bus as Plaintiff attempted to exit, causing Plaintiff to fall and sustain injuries.

On April 11, 2023, Plaintiff filed a Substitution of Attorney indicating Plaintiff is self-represented. 

On April 28, 2023, Defendant served Plaintiff with Requests for Admissions, Set Three.  Having not received responses, on July 26, 2023, Defendant filed this motion to deem admitted Requests for Admissions, Set Three against Plaintiff.  Defendant requests sanctions.

The motion is procedurally defective.  The proof of service states confusingly that the moving papers were served “on the interested parties in this action by placing true and correct copies thereof enclosed in a sealed envelope, with postage prepaid in the United States Mail at Tarzana, California” but only service “By Electronic Transmission” is selected from the list of service methods.  Plaintiff is self-represented.  As such, Defendant is required to serve Plaintiff by non-electronic means.  (See Cal. Rules of Court, rule 2.551, subd. (c)(3)(B).)  The proof of service does not clearly indicate that Plaintiff was served by non-electronic means.  Moreover, Plaintiff’s email address is not listed in the proof of service.  This same issue appears in the proof of service attached to Defendant’s discovery request. 

Based on the foregoing, the Court cannot tell if Plaintiff received notice of this motion, let alone received the at-issue discovery.  With trial is sixteen days away, there is no time to perfect service or, if continued, to hear this motion.  Accordingly, the motion to deem admitted Requests for Admissions, Set Three is DENIED.

Moving party to give notice. 

Dated:   August 23, 2023                                          ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.