Judge: Michelle C. Kim, Case: 20STCV04851, Date: 2023-12-08 Tentative Ruling


Case Number: 20STCV04851    Hearing Date: January 9, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MAIKEL ZEHAVI,¿ 

Plaintiff(s),¿¿ 

vs.¿ 

¿MAGALY TAPIA, ET AL.,¿ 

 

Defendant(s). 

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      CASE NO: 20STCV04851 (C/W 20STCV12334) 

 

[TENTATIVE] ORDER RE: MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED 

 

Dept. 31 

1:30 p.m.  

January 9, 2024 

 

MAIKEL ZEHAVI,¿ 

                          Plaintiff(s),¿¿ 

              vs.¿ 

¿CYNTHIA DAVOODIAN, ET AL.,¿ 

Defendant(s). 

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Defendant Cynthia Davoodian (“Defendant”) propounded requests for admission (“RFAs”), set one, on Plaintiff Maikel Zehavi (“Plaintiff”) on January 23, 2023. (Mot. Decl. Powers 4; Exh. A.) After receiving no response, on March 10, 2023, defense counsel sent a letter to Plaintiff’s counsel requesting verified responses to discovery. (Id. at 5; Exh. B.) On March 10, 2023, Plaintiff’s counsel requested a copy of the discovery be resent, which defense counsel provided. Plaintiff has not served responses to date. (Id. at 6-7; Exh. C.) To date, Plaintiff has not served responses. (Id. at 8.) Defendant therefore seeks an order deeming the RFAs admitted.  

Any opposition was due on or before December 26, 2023; none was filed. 

Where there has been no timely response to a request for admission under CCP § 2033.010, the propounding 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.  (Code of Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants that party relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code of Civ. Proc., § 2033.280, subds. (a)(1)-(2).)  The court “shall” grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Code of Civ. Proc., § 2033.280, subd. (c).) 

Plaintiff has not filed any opposition to the motion, nor has Plaintiff otherwise demonstrated that a response to the RFAs were served in substantial compliance with Section 2033.220 before the hearing. Accordingly, Defendant Cynthia Davoodian’s RFAs, set one, is deemed admitted against Plaintiff. (CCP §2033.280(b).)    

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 8th day of January 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court