Judge: Lee W. Tsao, Case: 23NWCV03913, Date: 2024-11-12 Tentative Ruling

Case Number: 23NWCV03913    Hearing Date: November 12, 2024    Dept: C

MPLI Capital Holdings IV vs Javier Martinez

Case No.: 23NWCV03913

Hearing Date: November 12, 2024 @ 10:30 a.m.

#9

Tentative Ruling

Plaintiff MPLI Capital Holdings IV Pharmacy’s Motion to Deem Request for Admissions Admitted as to Defendant Javier Martinez is GRANTED.  No sanctions. 

Plaintiff to give notice.

On December 4, 2023, Plaintiff MPLI Capital Holdings IV (“Plaintiff”) filed this breach of contract lawsuit against Defendant Javier Martinez (“Defendant”).

Plaintiff moves for an order to Deem Request for Admissions Admitted as to Defendant pursuant to CCP § 2033.280(b).   

As of November 4, 2024, no opposition has been filed.

Pursuant to CCP § 2033.280(b), 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 …”

On January 11, 2024, Plaintiff served Request for Admissions (Set One) upon Defendant by mail. (D’anna Decl., ¶2.) Responses were due on or before February 16, 2024. (Ibid.) As of the filing date of the instant motion (March 12, 2024), no responses have been provided. (Id., ¶ 3.)

Thus, the motion is GRANTED.  The genuineness of any documents and the truth of any matters specified in Defendant’s Requests for Admissions (Set One) is deemed admitted. 

A court must impose monetary sanctions on the party or attorney, or both, whose failure to serve a timely response to requests for admissions necessitated the motion. (Code Civ. Proc., §2033.280(c).) Here, no request for sanctions was made.  Accordingly, the Court does not grant sanctions.