Judge: Mark A. Young, Case: 23SMCV02062, Date: 2024-08-28 Tentative Ruling

Case Number: 23SMCV02062    Hearing Date: August 28, 2024    Dept: M

CASE NAME:           Dargah v. Azarbin, et al.

CASE NO.:                23SMCV02062

MOTION:                  Motion to Compel Initial Discovery Responses

HEARING DATE:   8/28/2024

Legal Standard

Pursuant to Code of Civil Procedure section 2033.280(b), a 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 under Chapter 7 (commencing with Section 2023.010). “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘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’ under § 2023.010 et seq.” (CCP, § 2033.280(b).) The court “shall” grant the motion to deem RFA admitted, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (CCP, § 2033.280(c).) 

Analysis

            Defendants Hed Ahmadpour and Ashraf Ahmadpour move to deem the truth of all matters admitted in Requests for Admissions, Set One (hereinafter, the “RFAs”), served on Plaintiff Jeff Dargah. Defendants served the RFAs on Plaintiff on May 16, 2024.  (Schepper Decl., ¶ 3.)  Responses were due by June 19, 2024.  Despite reaching out to Plaintiff’s counsel several times, and granting extensions, Plaintiff failed to respond to the RFAs.  (Id. at ¶¶ 5-12.) There is no opposition to this motion.

            Therefore, the motion is GRANTED.  The RFAs are deemed admitted.