Judge: Malcolm Mackey, Case: 22STCV07129, Date: 2022-10-19 Tentative Ruling
Case Number: 22STCV07129 Hearing Date: October 19, 2022 Dept: 55
AVILA
v. SPECIALIZED LOAN SERVICING 22STCV07129
Hearing Date: 10/19/22,
Dept. 55
#9: MOTION TO DEEM REQUESTS FOR ADMISSIONS, SET
ONE TO PLAINTIFFS ADMITTED; REQUEST FOR SANCTIONS OF $1,102.00.
Notice: Okay
No
opposition
MP:
Defendants
RP:
Summary
On 2/28/22, Plaintiff MAYRA AVILA filed a Complaint alleging: The third assignee of the Deed of Trust as to
a loan, Defendant SPECIALIZED LOAN SERVICING, LLC, offered Plaintiff no
alternatives to home foreclosure, and denied her a short sale. Defendant MEB LOAN TRUST 11, U.S. BANK
NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE,
failed to advise Plaintiff in writing within 30 days that the Deed of Trust was
assigned to a third party, and that it is the new owner or assignee of the debt,
in violation of Title 15 U.S.C. § 1641(g).
The causes of action are:
1. VIOLATION OF CIV. CODE
§ 2923.5;
2. VIOLATION OF CIV. CODE
§ 2924(a)(1);
3. VIOLATION OF CIV. CODE
§ 2923.6(c);
4. VIOLATION OF CIV. CODE
§ 2923.7;
5. VIOLATION OF CIV. CODE
§ 2924.9;
6. VIOLATION OF CIV. CODE
§ 2924.10;
7. WRONGFUL FORECLOSURE;
8. INTERPLEADER PURSUANT
TO CODE CIV.PROC. §386, CIV. CODE §§ 2924j AND 2924k;
9. UNFAIR BUSINESS
PRACTICES, VIOLATION OF BUS. & PROF. CODE § 17200, ET SEQ.;
10. CANCELLATION OF
WRITTEN INSTRUMENTS, CIV.CODE § 3412.
MP
Positions
Moving party requests an order deeming admitted
requests for admissions, and imposing sanctions ($1,102.00) on plaintiffs, on
grounds including the following:
·
On 8/2/22, defendants served upon
plaintiffs requests for admissions.
·
Defendant has not received any response to
the requests from plaintiffs.
·
Tentative
Ruling
The unopposed motion is granted, as prayed.
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. 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.
As to a motion to deem matters admitted, moving
parties are entitled to sanctions which are statutorily mandated as to a party
or attorney whose failure to serve timely responses necessitated the
motion. Appleton v. Sup. Ct.
(1988) 206 Cal. App. 3d 632, 635; CCP
§2033.280(c).