Judge: Malcolm Mackey, Case: 21STCV00657, Date: 2023-08-23 Tentative Ruling


Case Number: 21STCV00657    Hearing Date: August 23, 2023    Dept: 55

MAJOR LEAGUE TRUCKING, INC. v. CONTAINER TRANSPORT SOLUTIONS, LLC                                                                                                                        21STCV00657 

Hearing Date:  8/23/23,  Dept. 55

#8:   MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED AGAINST DEFENDANT MARVIN FLORES; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,760.00.

 

Notice:  Okay

No Opposition

 

MP:  Plaintiff

RP:  

 

 

Summary

 

On 1/7/21, Plaintiff filed a Complaint alleging that defendants wrongfully took two trailer chasses, and a shipping container of goods and office equipment, and wrote a check with insufficient funds.

The causes action are:

1. CONVERSION

2. NEGLIGENCE

3. INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE.

 

 

MP Positions

 

Moving party requests an order deeming admitted admission requests, and awarding discovery sanctions in the sum of $2,760 against Defendant MARVIN FLORES and counsel, on grounds including the following:

 

·         On February 10, 2023, Plaintiff served Defendant, by electronic mail, with a First Set of discovery, which included: (1) Form Interrogatories – General, (2) Special Interrogatories; (3) Requests for Admissions; and (4) Requests for Production of Documents.

·         Defendant completely failed to serve any responses to Plaintiff’s Requests for Admission (Set One).

 

 

Tentative Ruling

 

The unopposed motion is granted.

The failure to file a proper and timely opposition in trial court creates a waiver of the issues on any appeal.  Bell v. Am. Title Ins. Co. (1991) 226 Cal. App. 3d 1589, 1602;  Cabrini Villas Homeowners Assn. v. Haghverdian (2003) 111 Cal. App. 4th 683, 693.  A judge in a civil case is not "'obligated to seek out theories [a party] might have advanced, or to articulate … that which … [a party] has left unspoken.'"  Mesecher v. County of San Diego (1992) 9 Cal. App. 4th 1677, 1686.

A motion to deem admitted requests for admissions lies based upon a showing of failure to respond timely.  CCP §2033.280(b);  Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, disapproved on other grounds by  Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 983.