Judge: Nathan Vu, Case: 2020-01145725, Date: 2022-12-12 Tentative Ruling

Please Note: The hearing on this matter is scheduled for 8:30 A.M.

Motion to Deem as Admitted

Defendant Seanna Pearson’s motion to deem as admitted requests for admissions (set one) is GRANTED.

The Court ORDERS that that the genuineness of any documents and the truth of any matters specified in the requests for admissions (set one) be deemed admitted.

Defendant Seanna Pearson (Defendant Seanna) moves to deem as admitted the truth of the matters specified in Defendant Seanna’s requests for admission (set one) propounded upon Plaintiff Cecilia Duarte.

When a party properly propounds requests for admission and the party receiving the requests fails to respond, “[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 . . . .” (Code Civ. Proc., § 2033.280, subd. (b).)

The court is required to grant this order, “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 Civ. Proc., § 2033.280, subd. (c).)

Further, “[t]he party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product

. . . .” (Code Civ. Proc., § 2033.280, subd. (a).)

Defendant Seanna properly served requests for admission (set one) on Plaintiff. In turn, Plaintiff has not served responses to the requests for admission. In addition, Plaintiff was served with the instant motion and did not respond.

Defendant Seanna shall give notice of this ruling by personal service and this ruling shall not be effective until the proof of service is filed with the court.