Judge: Malcolm Mackey, Case: 21STCV21741, Date: 2023-09-08 Tentative Ruling

Case Number: 21STCV21741    Hearing Date: September 8, 2023    Dept: 55

SANCHEZ v. MELISSA OPPENHEIMER,                                             21STCV21741

Hearing Date:  9/8/23,  Dept. 55.

#2:   

MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY") TO DEEM REQUESTS ADMITTED; AS TO JAILENE GONZALEZ (7309) SCHEDULED FOR 07/25/2023.

MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY") TO DEEM REQUESTS ADMITTED; AS TO MARIA LUISA GONZALEZ.

Notice:  Okay

No Opposition

MP:  Defendant

RP:  

Summary

On 6/10/21, plaintiffs filed a Complaint alleging that they have been tenants at 322 E. 62nd Street, Los Angeles, where there have been uninhabitable conditions including insects infestation and dilapidation or improper maintenance.

The causes of action are:

1. BREACH OF WARRANTY OF HABITABILITY

2. BREACH OF COVENANT OF QUIET ENJOYMENT

3. NEGLIGENCE

4. BREACH OF CONTRACT.

MP Positions

Moving party requests an order on two motions to deem matters admitted, on grounds including the following:

·         Plaintiff has failed to serve verified responses to requests served 12/30/22.

·         By not responding, Plaintiff has waived any objections to the discovery.

·         Plaintiff’s counsel had granted an extension to respond to 4/2/23.

Tentative Ruling

Both motions are granted.

On 7/25/23, the Court gave plaintiffs another opportunity to serve the discovery responses, by the following minute order:

The matter is called for hearing on Motion to Compel Discovery (not "Further Discovery") to deem requests admitted; as to Jailene Gonzalez; Hearing on Motion to Compel Discovery (not "Further Discovery") to deem requests admitted as to Maria Luisa Gonzalez.

Defendant is to provide Plaintiff who are now in pro per requests for discovery.

Plaintiff are to provide written responses with 30 days of receipt of request from Defendant.

The hearing is continued to the date below.

On the Court's own motion, the Hearing on Motion to Compel Discovery (not "Further Discovery") TO DEEM REQUESTS ADMITTED; AS TO JAILENE GONZALEZ (7309) scheduled for 07/25/2023, and Hearing on Motion to Compel Discovery (not "Further Discovery") TO DEEM REQUESTS ADMITTED; AS TO MARIA LUISA GONZALEZ (8449) scheduled for 07/25/2023 are continued to 09/08/2023 at 08:30 AM in Department 55 at Stanley Mosk Courthouse.

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.4^th 393, 395, disapproved on other grounds by  Wilcox v. Birtwhistle (1999) 21 Cal.4^th 973, 983.  Requests for admissions must be deemed admitted where no responses in substantial compliance was served before the hearing.  CCP §2033.280(c).    As to motions to deem matters admitted, no meet and confer is required.  Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal. App. 4th 393, 395, overruled on other grounds by  Wilcox v. Birtwhistle (1999) 21 Cal. 4th 973, 983.