Judge: Stephen I. Goorvitch, Case: 21STCV24483, Date: 2023-10-10 Tentative Ruling

Case Number: 21STCV24483    Hearing Date: October 10, 2023    Dept: 39

Aggreko LLC v. The Little Cottage Caregivers, LLC

Case No. 21STCV24483

Motion to Deem Admitted

            Plaintiff Aggreko LLC (“Plaintiff”) filed this action for breach of contract and open book account against Defendant The Little Cottage Caregivers, LLC (“Defendant”).  Plaintiff served Requests for Admission (“RFA”) asking Defendant to admit that it owes Plaintiff the principal sum of $63,740.40 as of September 18, 2019.  Defendant did not serve a verified response.  Plaintiff moves for an order to deem Defendant to have admitted this fact.  Defendant did not oppose the motion or file anything with the Court establishing that it served a verified response, without objections, before the hearing.

            Based upon the foregoing, the Court orders as follows:

            1.         Plaintiff’s motion is granted.  Defendant is deemed to have admitted that it owes Plaintiff the principal sum of $63,740.40 as of September 18. 2019.

            2.         The Court orders Defendant to pay Plaintiff sanctions, as required by Code of Civil Procedure sections 2033.280, in the amount of $1,660, by and through counsel, within thirty (30) days.

            3.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.