Judge: Mark H. Epstein, Case: 22SMCV01815, Date: 2023-10-06 Tentative Ruling

Case Number: 22SMCV01815    Hearing Date: December 21, 2023    Dept: I

The unopposed motion for judgment on the pleadings is GRANTED.  This is a collections case.  Plaintiff served discovery on defendant, including requests for admission.  Because defendant did not respond to the requests, they were deemed admitted by order of the court.  In light of those admissions, plaintiff’s case is made.

The court has some question as to whether an MJOP is more appropriate than a motion for summary judgment (and the court thinks the latter the better vehicle) but given that there is no opposition, and given the strength of the RFA’s, the court will grant the motion.  (Cf., Pang v. Beverly Hosp., Inc. (2000) 79 Cal.App.4th 986, 989-990 [holding declarations and testimony of a party to be proper subjects for consideration on a pleadings motion].)

Plaintiff to prepare the order and submit it within 15 days.