Judge: Lee S. Arian, Case: 21STCV30740, Date: 2025-01-31 Tentative Ruling

Case Number: 21STCV30740    Hearing Date: January 31, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

WAYNE DAVIS

                        Plaintiff,

            vs.

 

SHARON GAIL SWASEY, et al

 

                        Defendants.

 

 

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    CASE NO.: 21STCV30740

 

[TENTATIVE RULING] MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED

 

Dept. 27

1:30 p.m.

January 31, 2024

On November 25, 2024, Plaintiffs served their Requests for Admission (RFA), Set Two, and Form Interrogatories, Set Two, on Defendant Aster G. Gebermichael. The responses were due on December 27, 2024; however, no timely responses were provided, nor were any extensions requested or granted. Plaintiffs now move the Court to compel initial responses and to deem the contents of their RFAs as admitted.

The Court notes that no opposition to the motion or any other filing indicating that the responses were served prior to the hearing has been submitted. Accordingly, the contents of Plaintiffs’ RFA, Set Two, are deemed admitted. Defendant is further ordered to provide complete and verified responses to Plaintiffs’ Form Interrogatories, Set Two, within 20 days of today.

Furthermore, sanctions are mandatory under Code of Civil Procedure section 2033.280(c). The Court finds that Defendant did not act with substantial justification. Therefore, sanctions in the amount of $1000 are granted against Defendant and her attorney of record, jointly and severally, payable to Plaintiffs within 20 days of today.

 

 

 

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’s 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.

 

 

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court