Judge: Kerry Bensinger, Case: BC723943, Date: 2023-05-22 Tentative Ruling

Case Number: BC723943    Hearing Date: May 22, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 22, 2023                         TRIAL DATE:  August 10, 2023

CASE:                                Dario Paul Camacho v. Transdev Services, Inc., et al.

CASE NO.:                 BC723943

MOTION FOR AN ORDER ESTABLISHING ADMISSIONS AGAINST DEFENDANT TRANSDEV SERVICES, INC.

MOTION FOR AN ORDER ESTABLISHING ADMISSIONS AGAINST DEFENDANT CONNIE ROMERO

MOTION FOR AN ORDER ESTABLISHING ADMISSIONS AGAINST DEFENDANT LOS ANGELES COUNTY METROPOLITAN AUTHORITY  

MOVING PARTY:               Plaintiff Dario Paul Camacho

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On October 2, 2018, Plaintiff, Dario Paul Camacho, filed this action against Defendants, Transdev Services, Inc., Los Angeles Metropolitan Transit Authority, and Connie Romero  arising from a bus vs. motorcycle accident.  Plaintiff alleges he was riding his motorcycle when he was struck by a bus driven by Romero.

            On November 22, 2022, Plaintiff served Defendants with Requests for Admission Set, Two.  However, having received no responses, on March 22, 2023, Defendants filed these motions for orders establishing the Requests for Admissions admitted against each defendant.¿ Plaintiff does not seek monetary sanctions.

The motions are unopposed.

II.        LEGAL STANDARD

            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., § 2030.280, subd. (b).)  Moreover, failure to timely serve responses waives objections to the requests.  (Code Civ. Proc., § 2030.280, subd. (a).)   

III.       DISCUSSION

Plaintiff served the at-issue discovery requests on Defendants on March 22, 2022.  Defendants did not request extensions.¿ To date, Defendants have not responded.¿ (See Marque Decls.)¿

As Plaintiff properly served the discovery requests and Defendants failed to serve responses, the Court finds Plaintiff is entitled to an order deeming admitted Requests for Admission, Set One, against each defendant.¿ 

III.       CONCLUSION

            The unopposed motions are granted.  Plaintiff’s Requests for Admission, Set Two, are deemed admitted against Defendants Transdev Services, Inc., Los Angeles Metropolitan Transit Authority, and Connie Romero. 

Moving party to give notice. 

Dated:   May 22, 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.