Judge: Lee S. Arian, Case: 21STCV40600, Date: 2023-11-27 Tentative Ruling

Case Number: 21STCV40600    Hearing Date: November 27, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

On November 4, 2021, plaintiff Fidel G. Bautista (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”), City of Los Angeles (“City”), County of Los Angeles (“County”), California Department of Transportation (“CDOT”), John Doe, and Does 1-50, alleging causes of action for motor vehicle negligence and general negligence. Plaintiff alleges that he sustained injuries on February 2, 2021, when he was boarding a bus belonging to the defendants and the John Doe closed the bus doors on Plaintiff.

          On April 19, 2022, County filed its answer to the complaint. On April 22, 2022, CDOT filed its answer to the complaint. On May 4, 2022, LACMTA filed its answer to the complaint.

          On May 18, 2022, Plaintiff voluntarily dismissed City, County, and CDOT from this action.

          On August 4, 2023, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel.

On September 28, 2023, LACMTA filed the instant motion to deem request for admissions admitted. LACMTA does not request monetary sanctions. No opposition has been filed.

II.       LEGAL STANDARD

Where a party fails to timely respond to a request for admission, the propounding 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.  (Code Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).)  The court shall grant a motion to deem admitted requests for admissions, “unless it 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.”  (Code Civ. Proc., § 2033.280, subd. (c).)

III.      DISCUSSION

On August 23, 2023, LACMTA served Requests for Admission, Set Two on Plaintiff by mail.  (Allen Decl. ¶ 1, Exh. A.) Responses were due by September 27, 2023, but by the instant motion’s filing, Plaintiff has failed to respond to this discovery request. (Allen Decl. ¶¶ 2-3.) Considering Plaintiff has not filed an opposition to show that a response has been made, LACMTA is entitled to relief pursuant to Code of Civil Procedure § 2033.280, subdivision (b).

Accordingly, the instant motion is GRANTED.

IV.      CONCLUSION

         Based on the foregoing, LACMTA’s motion that request for admissions be deemed admitted is GRANTED.

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 27th day of November 2023