Judge: Lee W. Tsao, Case: 23NWCV03028, Date: 2024-08-14 Tentative Ruling

Case Number: 23NWCV03028    Hearing Date: August 14, 2024    Dept: C

CAPITAL ONE, N.A. v. JOSUE F. BRAVO

CASE NO.:  23NWCV03028

HEARING: 8/14/24 @ 10:30 A.M.

#7

TENTATIVE ORDER

Petitioner Capital One, N.A.’s Motion to Deem the Truth of the Matters Admitted as to Defendant is GRANTED.  No monetary sanctions are ordered. 

Moving Party to give NOTICE.

The motion is unopposed as of August 12, 2024.

This is a collections action. Plaintiff Capital One, N.A. moves for an order that the truth of all matters specified in Plaintiff’s first set of requests for admission be deemed admitted against Defendant Josue F. Bravo.

Requests for Admissions

Where a party fails to respond to requests for admissions, the propounding 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. (Code Civ. Proc., § 2033.280, subd. (b).)  The court “shall” grant a motion to deem admitted the matters specified in the requests for admissions, “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, subd. (c).)

On November 10, 2023, Plaintiff propounded the first set of requests for admission on Defendant. (Decl. D’Anna, ¶ 2, Ex. 1.) No responses have been provided. (Decl. D’Anna, ¶ 3.) 

The Court grants the motion.

Monetary Sanctions

“It is mandatory that the court impose a monetary sanction under [Code of Civil Procedure section 2023.010, et seq.] on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).) 

No monetary sanctions are ordered because Plaintiff does not request sanctions.