Judge: Lee W. Tsao, Case: 23NWCV02864, Date: 2024-05-14 Tentative Ruling

Case Number: 23NWCV02864    Hearing Date: May 14, 2024    Dept: C

ODK Capital, LLC vs Sergio Salup

Case No.: 23NWCV02864

Hearing Date: May 14, 2024 @ 9:30 AM

#5

Tentative Ruling

Plaintiff ODK Capital, LLC’s motion to deem Request for Admissions admitted is GRANTED.

Plaintiff to give notice.

Background

This is a breach of contract action.

Plaintiff ODK Capital, LLC (“Plaintiff”) brought this action against Defendant Sergio Salup (“Defendant”) relating to a Business Line of Credit Agreement.  Plaintiff alleges Defendant owes $44,839.88 under the agreement. 

On January 8, 2024, Plaintiff served Defendant with Request for Admissions, Set One. Counsel for Plaintiff contends that Defendant has not responded to the Request for Admissions.

As of May 10, 2024, this motion is unopposed.

Legal Standard

Where there has been no timely response to requests for admissions, a “requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with section 2023.010).”  The court “shall” grant the motion to deem requests for admission admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Code Civ. Proc., § 2033.280(c).)

Discussion

Plaintiff moves to deem its Request for Admissions admitted as to Defendant. 

Plaintiff is entitled to an order deeming its Request for Admissions admitted. Plaintiff supports its claims with a declaration from Counsel. On January 8, 2024, Plaintiff served Defendant with Request for Admissions, Set One. (Hoar Decl., Ex. A.) Counsel contends that at this juncture, Defendant has not produced any responses. 

Because Defendant has not sent verified responses to Plaintiff’s Request for Admissions, Plaintiff’s motion is granted. The genuineness of any documents and the truth of any matters specified in Plaintiff’s motion is admitted.  

Sanctions with respect to motions to deem requests for admissions admitted are mandatory if a party to whom the requests for admissions have been directed failed to serve a timely response to the request for admission. (Code Civ. Proc., §2033.280(c).) Here, sanctions are mandatory because Defendant failed to serve timely responses to Plaintiff’s RFAs.  However, Plaintiff does not request sanctions.  Accordingly, the Court declines to award sanctions.