Judge: Mark E. Windham, Case: 21STLC07584, Date: 2023-09-25 Tentative Ruling

Case Number: 21STLC07584    Hearing Date: September 27, 2023    Dept: 26

State Farm v. Ajayi, et al.

MOTION FOR RELIEF FROM ADMISSIONS

(CCP § 2033.300)

TENTATIVE RULING:

Defendant Oluwajuwon Ajayi’s Motion for Relief from Admissions is GRANTED. THE COURT ORDER DATED DECEMBER 12, 2022 IS VACATED.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Oluwajuwon Ajayi (“Defendant”) on October 20, 2021. Defendant filed an Answer on June 17, 2022. 

Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on November 3, 2022. On December 12, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 12/12/22.)

On June 6, 2023, the Court granted Plaintiff’s Motion for Judgment on the Pleadings, based on the admissions. (Minute Order, 06/06/23.) Judgment was entered in Plaintiff’s favor on June 14, 2023. (Judgment, 06/14/23.) Notice of Entry of Judgment was served on Defendant on July 18, 2023.

Defendant brought a Motion to Vacate Judgment, which the Court granted on September 25, 2023. (Minute Order, 09/25/23.) Defendant now moves for relief from the order deeming requests for admission admitted. No opposition has been filed to date.

Discussion

Defendant moves for relief from the order deeming Requests for Admission admitted against him pursuant to Code of Civil Procedure section 2033.300, which states in relevant part: “[t]he court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.” (Code Civ. Proc., § 2033.300, subd, (b).)

As with Defendant’s Motion to Vacate Judgment, the instant Motion for relief is supported by an affidavit of fault from defense counsel explaining that from October 2022 to April 2023, their law firm was in disarray because half of the attorneys (seven of 14) resigned, severely impacting the firm’s ability to handle its cases. (Motion, Hellesen Decl., ¶3.) As a result, defense counsel contends they were unable to serve Defendant’s responses and verifications to the discovery responses until June 1, 2023. (Ibid.) Specifically, the cases had to be reassigned to other attorneys, and in the light of so many attorneys leaving, many support staff left and errors were made with respect to the placement of items in the case file. (Id. at ¶¶3-7.) This demonstrates that Defendant’s admissions were the result of excusable neglect. (See Carli v. Superior Court (1984) 152 Cal.App.3d 1095, 1099.) Nor has Plaintiff made any opposition to this Motion. Therefore, the Court exercises its discretion under Code of Civil Procedure section 2033.300, to relieve Defendant from the admissions.

Conclusion

Defendant Oluwajuwon Ajayi’s Motion for Relief from Admissions is GRANTED. THE COURT ORDER DATED DECEMBER 12, 2022 IS VACATED.

Moving party to give notice.