Judge: Mark E. Windham, Case: 24STLC00069, Date: 2024-11-21 Tentative Ruling

Case Number: 24STLC00069    Hearing Date: November 21, 2024    Dept: 26

Unify Financial Federal Credit Union v. Gutierrez, et al

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Unify Financial Federal Credit Union’s Motion to Deem Requests for Admission Admitted is GRANTED.

ANALYSIS:

On August 16, 2024, Plaintiff Unify Financial Federal Credit Union (“Plaintiff”) served Requests for Admissions on Defendant Guillermo Gutierrez (“Defendant”). (Motion, D’Anna Decl., Exh. A.) To date, Defendant has not served verified responses to the Requests for Admission. (Id. at ¶3.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on October 16, 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 Unify Financial Federal Credit Union’s Motion to Deem Requests for Admission Admitted is GRANTED.

Moving party to give notice.