Judge: Mark E. Windham, Case: 22STLC02963, Date: 2023-03-15 Tentative Ruling

Case Number: 22STLC02963    Hearing Date: March 15, 2023    Dept: 26

Soleimanian v. Ortiz, et al.
MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Hamid Soleimanian’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is CONTINUED TO MAY 17, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MAY 1, 2023 PLAINTIFF IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION DEMONSTRATING SERVICE OF THE REQUESTS FOR ADMISSION AND MEET AND CONFER LETTER.

ANALYSIS:

Plaintiff Hamid Soleimanian (“Plaintiff”) filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) against Defendant Savannah Ortiz (“Defendant”) on February 6, 2023. No opposition to the Motion has been filed to date. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) If the motion is granted, the moving party must be awarded sanctions. (Code Civ. Proc., § 2033.280.)

Plaintiff contends that on December 19, 2022, Requests for Admissions were served on Defendant. (Motion, Solomon Decl., ¶2 and Exh. A.) However, no proof of service is included with the attached requests. (See id. at Exh. A.) Plaintiff also contends that despite a meet and confer effort, to date, Defendant has not served responses to the Requests for Admission. (Id. at ¶4 and Exh. B.) The meet and confer letter is also not accompanied by a proof of service. (Id. at Exh. B.)

As there is no proof of service of the Requests for Admission, the Court cannot make findings that (1) Defendant failed to timely serve responses; (2) waived objections to the requests; (3) Plaintiff is entitled to an order deeming the Requests for Admission admitted; and (4) Plaintiff is entitled to an award of sanctions.

Conclusion

Plaintiff Hamid Soleimanian’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is CONTINUED TO MAY 17, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MAY 1, 2023 PLAINTIFF IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION DEMONSTRATING SERVICE OF THE REQUESTS FOR ADMISSION AND MEET AND CONFER LETTER.

Moving party to give notice.