Judge: Sarah J. Heidel, Case: 23GDCV00144, Date: 2024-07-03 Tentative Ruling

Case Number: 23GDCV00144    Hearing Date: July 3, 2024    Dept: V

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

DEPARTMENT V

HERNANDEZ JOSE DE JESUS, an individual,

Plaintiff,

vs.

FCA US LLC, a Delaware Limited Liability Company, and DOES 1 through 10, inclusive,

Defendants.

Case No.: 23GDCV00144

Hearing Date: July 3, 2024

Time: 9:00 a.m.

[TENTATIVE] ORDER RE: MOTION FOR AN ORDER DEEMING THE TRUTH OF MATTERS ADMITTED IN PLAINTIFF’S REQUESTS FOR ADMISSIONS (SET ONE)

MOVING PARTIES: Plaintiff HERNANDEZ JOSE DE JESUS

RESPONDING PARTY: Unopposed

The court considered the moving papers.

BACKGROUND

Plaintiff Hernandez Jose de Jesus filed the complaint against defendant FCA US LLC on January 24, 2023. Plaintiff alleges the following causes of action: (1) violation of Song-Beverly Act – Breach of Express Warranty; (2) violation of Song-Beverly Act – Breach of Implied Warranty; and (3) violation of the Song-Beverly Act section 1793.2.

Plaintiff alleges that on December 11, 2019, plaintiff purchased a 2019 Ram 2500 (subject vehicle). Plaintiff alleges that the subject vehicle was delivered to plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, engine, electrical, emission, and transmission system defects.

Plaintiff filed the instant motion on April 17, 2024. No opposition has been filed.

LEGAL STANDARD

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), a “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 under Chapter 7 (commencing with section 2023.010).” The court “shall” grant the motion to deem requests for admission admitted “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(c).)

DISCUSSION

Plaintiff served Requests for Admissions to Defendant, Set One on defendant on March 20, 2023. (Decl. of Gregory Sogoyan, ¶ 8, Exh. 1.) Defendant’s response was due on April 21, 2023; however, to date, defendant has not responded. The court finds that plaintiff properly served the requests for admissions and defendant failed to serve verified responses. Because defendant failed to respond, the court finds plaintiff is entitled to an order deeming the truth of matters admitted in plaintiff’s Requests for Admissions, Set One.

Based on the foregoing, the court GRANTS the motion and deems the matters within plaintiffs’ Requests for Admissions, Set One as true against defendant FCA US LLC