Judge: Michael E. Whitaker, Case: 21STCV14224, Date: 2022-08-18 Tentative Ruling

Case Number: 21STCV14224    Hearing Date: August 18, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

            Defendants Theodore Wallace Matson and Hamzeh Rakhshan DBA Hollywood Auto Brokers (collectively, “Defendants”) move to deem admitted matters specified in Requests for Admissions, set one (“RFA”), which Defendants propounded on plaintiff Michael Ejiogu Nworisa.  Defendants seek monetary sanctions.  Plaintiff has not filed an opposition to the motion. 

            Defendants’ proof of service filed in connection with the motion does not indicate the manner of service upon Plaintiff.  The Court is therefore unable to determine whether Defendants have afforded Plaintiff adequate notice per Code of Civil Procedure section 1005.  (See Code Civ. Proc., § 1005, subd. (b).) 

            Accordingly, the Court denies the motion as procedurally defective.  Defendants shall provide notice of the Court’s ruling and file proof of service of such.