Judge: Peter A. Hernandez, Case: 22PSCV00483, Date: 2022-10-20 Tentative Ruling

Case Number: 22PSCV00483    Hearing Date: October 20, 2022    Dept: O

Plaintiff Bank of America, N.A.’s unopposed Motion to Deem Requests for Admissions Admitted is GRANTED. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders that the truth of all specified matters in the Requests for Admissions, Set One, propounded by Plaintiff to Ponce is deemed admitted.

Background   

This is a collections action.

On May 23, 2022, Plaintiff Bank of America, N.A. (“Plaintiff”) filed a complaint, asserting a cause of action against Defendant Salvador Ponce (“Ponce”) and Does 1-5 for:

1.                  Common Counts

A Case Management Conference is set for October 20, 2022.

Legal Standard

A response to requests for admission is due 30 days after service. (Code Civ. Proc., § 2033.250, subd. (a).)

“If a party to whom requests for admission are directed fails to serve a timely response, . . .

(b) The 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 . . .” (Code Civ. Proc., § 2033.280, subd. (b).)

“The court shall make 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. It is mandatory

that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to

serve a timely response to requests for admission necessitated this motion. (Code Civ. Proc., §

2033.280, subd. (c).)

Discussion

Plaintiff moves the court for an order that the truth of all specified matters set forth in Plaintiff’s Requests for Admission, Set No. One, propounded to Ponce be deemed admitted.

On July 12, 2022, Plaintiff served the subject discovery on Ponce. (Karayan Decl., ¶ 3, Exh. 1.) No responses were received within the time permitted by law, nor was the time further extended by agreement of the parties or court order. (Id., ¶ 4.) On August 23, 2022, Plaintiff’s counsel’s office sent Ponce a letter, advising Ponce of the overdue responses and requesting Ponce to provide responses within 10 days of the date of the letter. (Id., ¶ 5, Exh. 2.) To date, Plaintiff’s counsel’s office has not received responses to the subject discovery. (Id., ¶ 5.)

The motion is granted. It is unopposed. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders that the truth of all specified matters in the Requests for Admissions, Set One, propounded by Plaintiff to Ponce is deemed admitted.