Judge: Lee S. Arian, Case: 23STCV23114, Date: 2025-05-23 Tentative Ruling

Case Number: 23STCV23114    Hearing Date: May 23, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 9, 2025, Plaintiff served Requests for Admission, Set One, on Defendant Elaine De Leon Guerrero, who is appearing in pro per. At the deposition on March 5, 2025, Plaintiff’s counsel reminded Defendant that she needed to respond to the outstanding discovery, including the RFAs. Defendant acknowledged this obligation and indicated she would respond. To date, Defendant has not served any responses to Plaintiff’s Requests for Admission. Plaintiff now moves the Court to deem the matters set forth in his Requests for Admission, Set One, as admitted.

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

Defendant did not file an opposition or submit any other filing indicating that responses were served prior to the hearing. Accordingly, the motion is granted, and the matters set forth in Plaintiff’s Requests for Admission, Set One, are deemed admitted. Plaintiff did not request sanctions.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.