Judge: Maurice A. Leiter, Case: 23STCV17871, Date: 2024-02-08 Tentative Ruling

Case Number: 23STCV17871    Hearing Date: February 8, 2024    Dept: 54

Hearing Date: February 8, 2024

Department 54, Judge Maurice A. Leiter

Motion to Deem Requests for Admission Admitted

Moving Party: Defendants Pacific Auto Body & Paint, Inc. And Markar Hamlet Khanyan

Responding Party: Plaintiff Heno Fagerian

T/R:      DEFENDANTS’ MOTION TO DEEM RFAS ADMITTED IS DENIED.

DEFENDANT’S REQUEST FOR SANCTIONS IS DENIED.

DEFENDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.  

If a party fails to provide a timely response to a request for admission, the party waives any objection to the requests.  (C.C.P. § 2033.280(a).)  Moreover, “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction….”  (C.C.P. § 2033.280(b).) 

Defendants move to deem RFAs admitted against Plaintiff on the ground that Plaintiff failed to serve responses to RFAs. In opposition, Plaintiff asserts the motion is an improper motion to compel further. In reply, Defendants acknowledge that Plaintiff has provided responses to RFAs, but states they contain frivolous objections.

As Plaintiff has served responses to RFAs, the Court will not deem RFAs admitted. If Defendants are unsatisfied with the responses, Defendants may move to compel further responses after properly meeting and conferring and, if necessary, scheduling an informal discovery conference with the Court.

Defendants’ motion is DENIED. Defendant’s request for sanctions is DENIED.