Judge: Robert B. Broadbelt, Case: 22STCV34623, Date: 2024-08-06 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 22STCV34623 Hearing Date: August 6, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
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22STCV34623 |
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Hearing
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August
6, 2024 |
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[tentative]
Order RE: defendants’ motion to deem requests for
admission admitted |
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MOVING PARTIES: Defendants Rodney Diggs and Ivie
McNeill and Wyatt Purcell & Diggs
RESPONDING PARTY: Unopposed
Motion to Deem Requests for Admission Admitted
The court
considered the moving papers filed in connection with this motion. No opposition papers were filed.
DISCUSSION
Defendants Rodney Diggs and Ivie McNeill, Wyatt Purcell & Diggs
(“Defendants”) filed the pending motion on June 27, 2024, moving the court for
an order (1) deeming admitted the truth of the matters specified in the
Requests for Admission served on plaintiff Guillermo Acosta, Jr. (“Plaintiff”),
and (2) awarding monetary sanctions in favor of Defendants and against
Plaintiff in the amount of $1,300.
On July 23, 2024, the court issued a minute order continuing the
hearing on this motion from July 23, 2024 to August 6, 2024. (July 23, 2024 Minute Order, p. 1. ) The court further ordered “[c]ounsel reflected
on attached Certificate of Mailing . . . to give notice.” (Ibid.) The July 23, 2024 Certificate of Mailing states
that the court’s July 23, 2024 order was served on counsel for Defendants. (July 23, 2024 Cert. of Mailing, p. 1
[listing attorney Rinat Klier Erlich, counsel for Defendants].) Thus, counsel for Defendants was required to
serve a notice of the court’s July 23, 2024 order on Plaintiff.
Defendants did not file a notice of ruling and proof of service with
the court establishing that Defendants’ counsel served Plaintiff with notice of
the court’s July 23, 2024 order. Thus,
it appears that Plaintiff has not been given notice of the August 6, 2024
hearing date on Defendants’ motion.
The court therefore finds that it is appropriate, and exercises its
discretion, to continue the hearing on this motion to ensure that Plaintiff
receives notice of the hearing date on Defendants’ motion to deem requests for
admission admitted.
ORDER
The court orders that the hearing on
defendants Rodney Diggs and Ivie McNeill, Wyatt Purcell & Diggs’s motion to
deem requests for admission admitted is continued to August 27, 2024, at 10:00
a.m., in Department 53.
The court orders defendants Rodney
Diggs and Ivie McNeill, Wyatt Purcell & Diggs (1) to give notice of this ruling to
plaintiff Guillermo Acosta, Jr., and (2) to file with the court the notice of
ruling and a proof of service of the notice of ruling establishing that
plaintiff Guillermo Acosta, Jr. has been served with the notice of ruling.
IT IS SO ORDERED.
DATED:
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Robert
B. Broadbelt III
Judge
of the Superior Court