Judge: Lee S. Arian, Case: 22STCV22034, Date: 2024-05-21 Tentative Ruling
Case Number: 22STCV22034 Hearing Date: May 21, 2024 Dept: 27
Hon. Lee S. Arian, Dept 27
MOTION TO DEEM REQUESTS FOR ADMISSIONS, SET
ONE, ADMITTED
Hearing Date: 5/21/24
CASE NO./NAME: 22STCV22034 STATE FARM vs
JUSTIN PARKER, et al.
Moving Party: Plaintiff
Responding Party: Defendant Justin Parker
Notice: Sufficient
Ruling: MOTION TO DEEM REQUESTS FOR
ADMISSIONS, SET ONE, ADMITTED IS GRANTED.
On May 15, 2023,
Plaintiff State Farm Mutual Automobile Insurance Company served Defendant
Justin Parker with its Request for Admissions, Set One. Numerous extensions were requested and
granted, with the final extension permitting responses to be served by November
30, 2023. On November 29, 2023, Defendant served responses to Plaintiff's
Request for Admissions, Set One. However the responses were unverified. On
January 16, 2024, Plaintiff sent a letter to Defendant requesting the
verifications. As of February 15, 2024, the date in which the motion was filed,
no verified responses have been served. Plaintiff now moves the Court to deem
the contents of its Request for Admissions, Set One, admitted.
Although Defendant served responses to the
Request for Admissions, Set One, before the November 30, 2023 deadline, the
responses are unverified. Unverified responses are equivalent to no responses
at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.)
Defendant did not file an opposition or any other documents showing that the
verifications were served prior to the hearing. The Court has also examined the
responses and finds that they do not consist solely of objections. Therefore,
the motion is GRANTED. Plaintiff does not request sanctions.
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.