Judge: Mark E. Windham, Case: 23VECV00924, Date: 2024-06-25 Tentative Ruling

Case Number: 23VECV00924    Hearing Date: June 25, 2024    Dept: 26

Aminghazaei v. Discover, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Defendant Discover Bank’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is CONTINUED TO AUGUST 13, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 23, 2024, DEFENDANT DISCOVER BANK IS TO FILE PROOF OF SERVICE OF THE NOTICE OF NEW HEARING DATE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

ANALYSIS:

Plaintiff Hassan Aminghazaei (“Plaintiff”) filed the instant action against Defendant Discover Bank (“Defendant”) on March 1, 2023. The case was originally assigned to an unlimited jurisdiction department; on March 28, 2024, the case was reclassified and transferred to Department 25 in the Spring Street Courthouse, a limited jurisdiction department. (Minute Order, 03/28/24.) Defendant filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on January 2, 2024 and it was set for hearing on June 11, 2024 in Department 25. However, at the hearing, the parties did not stipulate to have the case before the Commissioner/Temporary Judge. (Minute Order, 06/11/24.) The case was then transferred to Department 26 in the Spring Street Courthouse and Defendant was ordered to give notice of the June 25, 2024 hearing date. (Ibid.)

Defendant, however, has not filed a notice of new hearing date or proof of service of the same.

Conclusion

Therefore, Defendant Discover Bank’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is CONTINUED TO AUGUST 13, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 23, 2024, DEFENDANT DISCOVER BANK IS TO FILE PROOF OF SERVICE OF THE NOTICE OF NEW HEARING DATE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

Moving party to give notice.