Judge: Lynne M. Hobbs, Case: 22STCV11445, Date: 2023-09-12 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     



Case Number: 22STCV11445    Hearing Date: September 12, 2023    Dept: 30

JASON D HARRIS v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (MTA)

 

Re: Motion to Deem Request for Admissions Admitted filed by Defendant MTA 

Ruling: Metropolitan Transportation Authority’s motion to deem Plaintiff’s Requests for Admissions admitted is GRANTED. The Court orders that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted.  Moving party is to give notice of this ruling. 

Rationale: To date, the Court finds that Plaintiff has not substantially complied with Requests for Admission that were propounded by Defendant. 

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, as well as for a monetary sanction under Chapter 7 (commencing with section 2023.010).” 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(c).)