Judge: Lee S. Arian, Case: 23STCV09280, Date: 2023-10-25 Tentative Ruling

Case Number: 23STCV09280    Hearing Date: April 16, 2024    Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date:           4/16/2024 at 1:30 p.m.

Case No./Name.:      23STCV09280 JAHEIM MARTIN vs MALIN ASSET MANAGMENT

Motion Name:           MOTION TO COMPEL INITIAL RESPONSES TO REQUESTS FOR ADMISSIONS, SET ONE, AND FOR SANCTIONS

Moving Party:           Defendant Charlavonna M. Barrett

Responding Party:    Plaintiff

Notice:                     Sufficient

Ruling:                     MOTION TO COMPEL INITIAL RESPONSES TO REQUESTS FOR ADMISSIONS, SET ONE, AND FOR SANCTIONS IS DENIED

On April 26, 2023, Plaintiff Jaheim Martin filed the present dog bite case. On December 7, 2023, Defendant served its first set of requests for admissions on Plaintiff. Plaintiff failed to provide a response by the statutory deadline. On January 19, 2024, Defendant sent a meet and confer letter requesting responses to the discovery requests at issue. Plaintiff did not respond to the letter. Defendant now moves the Court to compel Plaintiff to provide responses to Defendant’s first set of Requests for Admissions under California Code of Civil Procedure Section 2030.290(b) and 2031.300(b). However, these sections pertain to interrogatories and requests for production, respectively. The applicable section for requests for admissions starts with CCP 2033.010.  Therefore, the present motion is DENIED, and the request for sanctions is likewise DENIED.

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.