Judge: Mark E. Windham, Case: 22STLC07652, Date: 2024-06-27 Tentative Ruling

Case Number: 22STLC07652    Hearing Date: June 27, 2024    Dept: 26

Upgrade Grantor Certificate Trust 2019 1 v. Luthart, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Upgrade Grantor Certificate Trust 2019 1’s Motion to Deem Requests for Admission Admitted is GRANTED. THE DEFAULT ENTERED AGAINST DEFENDANT KAREN LUTHART ON MARCH 4, 2024 IS VACATED.

ANALYSIS:

On November 14, 2022, Plaintiff Upgrade Grantor Certificate Trust 2019 1 (“Plaintiff”) filed the instant action against Defendant Karen Luthart (“Defendant”). Proof of service of the Summons and Complaint was not filed until January 2024, and Defendant filed an answer on February 26, 2024. Due to inadvertence, the answer did not appear in the Court’s system until March 7, 2024. In the meantime, Plaintiff, unaware of the answer, filed a request for entry of default on March 4, 2024, which was entered by the clerk. Accordingly, the Court vacates the entry of default dated March 4, 2024.

Plaintiff served Defendant with Requests for Admissions on March 26, 2024. (Motion, D’Anna Decl., Exh. 1.) To date, Defendant has not served responses to the Requests for Admission. (Id. at ¶3.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on May 14, 2024. No opposition 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 at any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Due to Defendant’s failure to timely serve verified responses and resultant waiver of objections, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.)

Conclusion

Plaintiff Upgrade Grantor Certificate Trust 2019 1’s Motion to Deem Requests for Admission Admitted is GRANTED. THE DEFAULT ENTERED AGAINST DEFENDANT KAREN LUTHART ON MARCH 4, 2024 IS VACATED.

Moving party to give notice.