Judge: Lisa R. Jaskol, Case: 22STCV22838, Date: 2023-09-19 Tentative Ruling

Case Number: 22STCV22838    Hearing Date: November 8, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On July 14, 2022, Plaintiff Rocko Moore (“Plaintiff”) filed this action against Defendants City of Los Angeles, Los Angeles Department of Water and Power, Crowley Lake Fish Camp, Inc. (“Crowley”), and Sierra Recreation Associates, Inc. (“Sierra”) for dangerous condition of public property, government liability for acts and omissions of independent contractors, breach of mandatory duty, negligence, and premises liability. Plaintiff later amended the complaint to include Defendant Mono County. 

On January 11, 2023, Plaintiff filed a First Amended Complaint, adding causes of action for assault, battery and parental liability. The First Amended Complaint also added Defendants Albert Cano, Marc Cano, and Jennifer Ziegler. Plaintiff removed Defendant Mono County from the complaint. 

On September 29, 2023, Crowley and Sierra filed an answer and a cross-complaint against Cross-Defendants Roes 1-50 for indemnification, apportionment of fault, equitable implied indemnity, full indemnity, contribution, and declaratory relief. 

On October 12, 2023, Crowley and Sierra moved for an order to deem admitted the matters specified in requests for admission, set one, served on Plaintiff.  Plaintiff has not filed an opposition. 

Trial is currently scheduled for August 12, 2024. 

PARTIES’ REQUEST 

          Crowley and Sierra ask the Court to deem admitted the matters specified in requests for admission, set one, served on Plaintiff. 

LEGAL STANDARD 

Code of Civil Procedure section 2033.280 provides: 

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: 

“(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: 

“(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. 

“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. 

“(b) The 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). 

“(c) The court shall make this order, 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. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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.) 

DISCUSSION 

On August 15, 2023, Crowley and Sierra served requests for admission, set one, on Plaintiff.  Responses were due on September 19, 2023. 

Plaintiff failed to serve responses.  Crowley and Sierra now move for an order deeming admitted the matters specified in their requests for admission.  The Court grants the motion and deems admitted the matters specified in the requests for admission served on Plaintiff. 

CONCLUSION 

The Court GRANTS the motion filed by Defendants Crowley Lake Fish Camp, Inc., and Sierra Recreation Associates, Inc., to deem admitted matters specified in requests for admission served on Plaintiff Rocko Moore. 

Moving parties are to give notice of this ruling.         

Moving parties are ordered to file the proof of service of this ruling with the Court within five days.