Judge: Lee S. Arian, Case: 22STCV36773, Date: 2024-01-04 Tentative Ruling

Case Number: 22STCV36773    Hearing Date: April 8, 2024    Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date:           4/8/2024 at 1:30 p.m.

Case No./Name.:      22STCV36773 MARCELINO JOHN vs THE COUNTY OF LOS ANGELES

Motion:                    DEFENDANT’S MOTION TO DEEM REQUESTS FOR ADMISSIONS, SET ONE, ADMITTED

Moving Party:           Defendant Los Angeles County Metropolitan Transportation Authority

Responding Party:    Unopposed

Notice:                     Sufficient

Ruling:                     MOTION TO DEEM REQUESTS FOR ADMISSIONS, SET ONE, ADMITTED IS GRANTED

Background

On November 21, 2022, Plaintiff Marcelino John filed a complaint against Defendant Los Angeles County Metropolitan Transportation Authority alleging that he was injured on a METRO bus on November 25, 2021. On January 24, 2024, Defendant served Requests for Admission, Set One, on Plaintiff. Plaintiff’s responses to Metro's Request for Admissions were due on February 28, 2024. Plaintiff did not serve a response by that date. As of the date of this Motion, March 8,2024, Defendant has not received the discovery responses at issue. Defendant now seeks an order deeming the truth of any matters specified in the Requests for Admissions, Set One, as admitted. Plaintiff did not file an opposition.

Legal Standard

“Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.”¿ CCP § 2033.010.¿ “Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared ....”¿ CCP § 2033.250(a).¿¿ 

If a party to whom request for admissions are served fails to provide a timely response, the party to whom the request was directed waives any objections, including based on privilege or the work product doctrine. CCP § 2033.280(a). The requesting party can move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for monetary sanctions. CCP § 2033.280(b). The court shall issue this order unless the party to whom the request was made serves a response in substantial compliance prior to the hearing on the motion. CCP § 2033.280(c). Unlike a motion to compel further discovery responses, a motion to deem RFA admitted does not have any meet and confer requirements.¿¿ 

Analysis 

Plaintiff did not serve timely discovery responses within the timeframe required by CCP § 2033.250(a). Plaintiff did not file an opposition nor is there any indication that Plaintiff served substantially compliant discovery responses prior to the hearing date. Therefore, the current Motion is GRANTED. 

¿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.