TENTATIVE RULING

Defendant Century Towers Association’s Motion to Deem Requests for Admissions Admitted is GRANTED.

Defendant Century Towers Association shall pay a second filing fee of $60 within ten (10) days of entry of this order.

Defendant Century Towers Association to give notice. 

REASONING

As a preliminary matter, the Court notes that Defendant Century Towers Association (“Defendant”) has filed two motions as one, that is, a motion to compel Plaintiff Kerry Assil’s responses to Defendant’s Request for Admissions served on Plaintiff Kerry Assil and a motion to compel Plaintiff Touran Assil’s responses to Defendant’s Request for Admissions served on Plaintiff Touran Assil, i.e., the motion relates to two sets of discovery requests. Defendant is required to pay a second filing fee of $60 within ten (10) days of entry of this order.

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), a “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.” 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, subd. (c).)

Defendant served Plaintiffs Kerry Assil and Touran Assil (“Plaintiffs”) with its Requests for Admissions (Set One) on February 4, 2025. (Mot., O’Brien Decl. ¶ 2.) Responses were due on or before March 10, 2025, and defense counsel also communicated with Plaintiffs’ counsel to inquire about the missing responses. (Mot., O’Brien Decl. ¶ 3, Ex. C.) To date, no responses have been received. (Ibid.)

Accordingly, Defendant Century Towers Association’s Motion to Deem Requests for Admissions Admitted is GRANTED. The matters identified in Defendant Century Towers Association’s Requests for Admissions (Set One) are deemed admitted against Plaintiffs Kerry Assil and Touran Assil as of the date of entry of this order.