Judge: Loren G. Freestone, Case: 37-2022-00015473-CU-PO-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00015473-CU-PO-CTL RACHEL GRANT AS SPECIAL ADMINISTRATOR OF THE ESTATE OF MARK BOGACHEK VS KNYPER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendants Gregory Knyper and North County Scuba Center Inc.'s unopposed motion to deem facts admitted is GRANTED.

'In the event responses to RFAs are not timely served, the responding party waives any objections thereto, and the requesting party may move for an order that . . . the truth of any matters specified in the requests be deemed admitted . . . Unless the court determines that the responding party 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 must order the RFAs deemed admitted.' (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 775–776, citations omitted.) Defendants propounded their first set of requests for admission to Plaintiff Rachel Grant on April 11, 2023. Defendants granted one extension making responses due June 14, 2023. Grant never responded.

Grant did not oppose this motion and there is no indication she has belatedly served responses in substantial compliance with the Code of Civil Procedure. This lack of opposition may be treated as a concession that the motion is meritorious. (See Super. Ct. San Diego County, Local Rules, rule 2.1.19.B.) Accordingly, the motion to deem facts admitted is granted. The truth of the matters specified in the request for admissions (set one) is deemed admitted.

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