Judge Lynne M. Hobbs, Case Number: 23STCV14977, Date: 2025-03-13 Tentative Ruling

Judge: Lynne M. Hobbs, Case: 23STCV14977, Date: 2025-03-13 Tentative Ruling

Case Number: 23STCV14977 Hearing Date: March 13, 2025 Dept: 61

ALFONSO AGUIRRE vs GENERAL MOTORS LLC

Tentative

Plaintiff Afonso Aguirre’s Motion to Deem Matters Admitted against Defendant General Motors, LLC is DENIED. No sanctions are awarded.

Plaintiff to give notice.

Analysis

I. MOTION TO DEEM ADMITTED

“Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.” (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for admissions, “[t]he 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” (Code Civ. Proc., § 2033.280 subd. (b).)

A party who fails to timely respond to requests for admission waives all objections to the requests. (Code Civ. Proc. § 2033.280, subd. (a).) Plaintiff Alfonso Aguirre (Plaintiff) served request for admission upon Defendant General Motors, LLC (Defendant) on October 25, 2024, with responses due by December 2, 2024. (Yashar Decl. ¶¶ 2–3.) No responses have been provided. (Yashar Decl. ¶ 5.)

Defendant in opposition, filed on February 28, 2025, contends that responses were served on January 28, 2025. (Keshijian Decl. ¶ 6.) Defendant contends that Plaintiff made no attempt to meet and confer regarding responses before filing this motion. (Keshijian Decl. ¶ 4.)

The motion is DENIED, as responses have been served. Although Plaintiff seeks $3,086.65 in sanctions (Yashar Decl. ¶ 9), no sanctions are awarded, because Defendant’s responses were served in time to obviate the necessity of filing an opposition, and because Plaintiff did not seek to resolve the present motion by informal means.