Judge: Margaret L. Oldendorf, Case: 22BBCV00390, Date: 2023-05-05 Tentative Ruling

Case Number: 22BBCV00390    Hearing Date: May 5, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

WE BUY HOUSES, LLC, a foreign corporation,

 

                                            Plaintiff,

vs.

 

MICHAEL SAPP, an individual; MICHAEL SAPP, in his capacity as Administrator of the Estate of Cheryl A. Lacara; and DOES 1 through 50, inclusive,

 

                                            Defendants.

 

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Case No.: 22BBCV00390

 

 

[TENTATIVE] ORDER TAKING MOTION FOR RELIEF FROM ADMISSIONS OFF CALENDAR AS MOOT

 

Date:   May 5, 2023

Time:  8:30 a.m.

Dept.:  P

 

            I.         INTRODUCTION

            This is an action for specific enforcement of a real estate contract. Plaintiff We Buy Houses alleges it entered into an agreement with Michael Sapp for the purchase of certain real property located in North Hollywood. The agreement, attached as an exhibit to the Complaint, is for a total sales price of $500,000, with Plaintiff to pay $100,000 of that in earnest money. Plaintiff alleges it paid the earnest money and has complied with all other conditions of the contract, but that Sapp fails and refuses to transfer title.

            Before the Court is Sapp’s motion for relief from admissions. The motion is purportedly based on an order by a different bench officer made on January 13, 2023 deeming matters admitted. However, the file does not contain any such order. As there is no order from which relief can be granted, this motion is moot and is taken off calendar.

 

II.        LEGAL STANDARD

            A party can obtain relief from an admission, whether made in response to requests for admission or pursuant to an order deeming matters admitted, only pursuant to court order. Code Civ. Proc. §2033.300(a); Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 978. Trial courts may permit withdrawal of an admission only upon a showing that the admission resulted from mistake, inadvertence, or excusable neglect and that no substantial prejudice to the requesting party will result. Code Civ. Proc. §2033.300(b).

 

III.      ANALYSIS

            This case was previously assigned to Department A of the Burbank Courthouse, Judge Frank Tavelman (and Judge John Kralik before that). It was transferred to this Department effective October 10, 2022. This Court held a case management conference on October 26, 2022, at which time trial dates were set. On November 22, 2022, Plaintiff filed a motion for an order deeming matters admitted, mistakenly setting it for hearing January 13, 2023, in Department A of the Burbank Courthouse. This was done in error, as the case was no longer assigned to that court. It may be that the motion was heard that day; but the case file contains no record of any such hearing.

            In the event a motion for an order deeming matters admitted was in fact heard on January 13, 2023, and if an order did issue, this motion would likely be granted. The Declaration of Michael Sapp and Declaration of his former counsel, Mike Chappas, appear to be sufficient to establish that any order deeming matters admitted was the result of excusable neglect. Sapp has also attached verified responses to the requests for admission. While Plaintiff makes some showing as to conduct on Sapp’s part that is causing delay and confusion, none of it stems from the admissions.

            Plaintiff’s request for monetary sanctions is denied as the statute does not provide for it.

 

IV.      CONCLUSION

            Sapp’s motion for relief from admissions is taken off calendar as moot. If evidence is presented at the hearing demonstrating that an order deeming matters admitted was issued by a court other than this one, the Court will consider granting the motion for relief.     Plaintiff is ordered to give notice of this ruling.

 

           

Dated:                                                                        _______________________________

                                                                                          MARGARET L. OLDENDORF

                                                                                 JUDGE OF THE SUPERIOR COURT