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.