Judge: Kerry Bensinger, Case: 21STCV01515, Date: 2023-01-20 Tentative Ruling

Case Number: 21STCV01515    Hearing Date: January 20, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On January 13, 2020, Plaintiff Otis Vann Jr. (“Plaintiff”) filed a complaint against Defendants Christopher G. Goring, M.D., Jamie L. Taylor M.D., Vincent Medical Center, and Verity Health System (collectively “Defendants”) for medical negligence and lack of informed consent.  On December 10, 2021, Defendant Goring served Request for Admission, Set One, on Plaintiff.  On September 16, 2022, Defendant Goring filed a motion for an order that the truth of Requests for Admission, Set One to Plaintiff be deemed admitted.

Having reviewed Defendant Goring’s unopposed motion, the Court rules as follows.

II.          LEGAL STANDARD

          “If a party to whom requests for admission are directed fails to serve a timely response . . . [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, as well as for monetary sanction under Chapter 7 (commencing with Section 2023.010).” (CCP § 2033.280(b)).  If the court “finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220,” then the motion must be denied.  (CCP § 2033.280(d).)

III.        DISCUSSION

            Defendant Goring’s moves for an order that the truth of Requests for Admission, Set One to Plaintiff be deemed admitted.  On December 10, 2021, Defendant Goring served Request for Admission, Set One on Plaintiff’s then-counsel.  (Declaration of Weissman ¶ 3; Exhibit “A”.)  Responses were initially due by January 11, 2022, but no responses were received by that time.  (Ibid.)  On February 1, 2022, Defendant Goring granted Plaintiff an extension to February 15, 2022.  (Id., ¶ 4.)  Hearing nothing further from Plaintiff, Defendant Goring inquired as to the status of the responses in an email to Plaintiff’s counsel on March 15, 2022.  (Ibid.)  Having received no responses to its email and discovery request, Defendant Goring filed a motion to deem requests for admission admitted.  (Ibid; Exhibit “B”.)  Because the Court finds that Plaintiffs failed to provide verified responses, Defendant Goring’s motion to deem requests admitted is GRANTED pursuant to CCP § 2033.280. 

IV.         CONCLUSION

Defendant Goring’s motion for an order that the truth of Requests for Admission, Set One to Plaintiff be deemed admitted is GRANTED pursuant to CCP § 2033.280.

Moving party to give notice.

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.

                                                        Dated this 20th day of January 2023