Judge: Kerry Bensinger, Case: 22STCV26070, Date: 2023-08-16 Tentative Ruling

Case Number: 22STCV26070    Hearing Date: August 16, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 16, 2023                                 TRIAL DATE:  February 8, 2024

CASE:                                Shafter Robin Jr. v. Jose Candido Henriquez, et al.

CASE NO.:                 22STCV26070

MOTION TO DEEM ADMITTED THOSE MATTERS IN

REQUESTS FOR ADMISSIONS, SET ONE

MOVING PARTY:               Defendant Jose Candido Henriquez

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On August 11, 2022, Plaintiff, Shafter Robin Jr.,[1] filed this action against Defendant, Jose Candido Henriquez,[2] for injuries arising from a motor vehicle accident.   

On April 10, 2023, Defendant served Plaintiff with Requests for Admissions, Set One.  Having not received responses, on May 30, 2023, Defendant filed this motion to deem admitted those matters in Requests for Admissions, Set One.  Defendant does not request sanctions.

The motion is unopposed.[3]

II.        LEGAL STANDARDS

If a party to whom requests for admission are directed fails to serve a timely response, the propounding party may move for an order that the truth of the matters specified in the requests be deemed admitted (Code Civ. Proc., § 2033.280, subd. (b).)¿ Moreover, failure to timely serve responses waives objections to the requests.  (Code Civ. Proc., §§ 2033.280, subd. (a).)   

III.      DISCUSSION

Defendant served Plaintiff with the admissions requests on April 10, 2023.  At the time of the filing of this motion, Plaintiff has not provided responses.  As Defendant properly served the admissions requests and Plaintiff failed to serve responses, the Court finds Defendant is entitled to an order deeming admitted Requests for Admissions, Set One, against Plaintiff. 

IV.       CONCLUSION 

Accordingly, the motion is GRANTED.  Defendant’s Requests for Admissions, Set One, is deemed admitted against Plaintiff Shafter Robin Jr.

Moving party to give notice. 

Dated:   August 16, 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.