Judge: Lee S. Arian, Case: 22STCV15284, Date: 2024-03-04 Tentative Ruling

Case Number: 22STCV15284    Hearing Date: March 4, 2024    Dept: 27

Complaint Filed:          5/9/22

Hon. Lee S. Arian  

Department 27  

Tentative Ruling  

Hearing Date:             3/4/2024 at 1:30 p.m.

Case No./Name:          22STCV15284 AMERICAN MODERN PROPERTY vs LYNIEL CABANAS CUETO, et al.

Motion:                              MOTION TO DEEM REQUESTS FOR ADMISSION, SET ONE, AS ADMITTED AND SANCTIONS

Moving Party:                 Plaintiff ROBERT E EDMONSON

Responding Party:      Defendant CITY OF LOS ANGELES

Notice:                                Insufficient

Ruling:                               Defendant’s Motion to Deem Requests For Admissions, Set One, Admitted is DENIED without prejudice.

Defendant’s Motion for Monetary Sanctions is DENIED without prejudice.

BACKGROUND

On May 9, 2022, Plaintiff American Modern Property & Casualty Insurance Company filed a complaint against Defendants Lyniel Cabanas Cueto and Lydia Cabanas Cueto for damages resulting from a car accident on August 8, 2020, which involved the Defendants' vehicle colliding with the Plaintiff's insured's motorcycle. Plaintiff, having compensated the insured $36,163.43 for property damage and personal injuries under the insurance policy, seeks to recover these costs due to the Defendants' alleged negligence.

ANALYSIS

CCP § 1005(b) mandates that “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.”

On November 11, 2022, Plaintiff served Defendant Lyniel Cabanas Cueto with Requests for Admission Set One. This service was executed electronically to the email address listed in Defendant's Answer to Complaint. (Pleasant Decl. ¶ 2). Plaintiff alleges that no responses to the Requests for Admission were received, prompting the filing of this motion to have the requests deemed admitted. (Pleasant Decl. ¶ 3).

However, the notice of motion and the motion itself for the order deeming the Requests for Admission admitted were served on Thomas M. Phillips, Esq., and Jodi C. Rosner, Esq. of the Phillips Firm via email rather than directly to Lyniel Cueto or an email address associated with Lyniel Cueto. However, the Phillips Firm represents only Defendant Lydia Cabanas Cueto.  It does not represent Defendant Lyniel Cueto.

Accordingly, the present motion is DENIED without prejudice due to Plaintiff’s failure to serve Defendant Lyniel Cueto.

PLEASE TAKE NOTICE:    

·                    If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept27@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.      

·                    Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.      

·                    If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.