Judge: Maurice A. Leiter, Case: 24STCV11207, Date: 2024-10-24 Tentative Ruling

Case Number: 24STCV11207    Hearing Date: October 24, 2024    Dept: 54

Hearing Date: October 24, 2024

Department 54, Judge Maurice A. Leiter

Motion to Deem Requests for Admission Admitted

Moving Party: Plaintiff Carmen Garcia Orozco

Responding Party: Defendant FCA US LLC

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

THE REQUESTS FOR SANCTIONS ARE DENIED.

PLAINTIFF 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 and opposition.

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).) 

Plaintiff moves to deem RFAs admitted against Defendant on the ground that Defendant failed to serve responses to RFAs. Plaintiff served the RFAs on June 25, 2024. Responses were due on July 30, 2024. In opposition, Defendant represents that responses were served on August 27, 2024.

As responses have been served, this motion is MOOT. The Court declines to award sanctions as this discovery dispute could have been resolved without court intervention.