Judge: Stephen P. Pfahler, Case: 20CHCV00303, Date: 2023-02-07 Tentative Ruling

Case Number: 20CHCV00303    Hearing Date: February 7, 2023    Dept: F49

Dept. F-49

Date: 2-7-23

Case # 20CHCV00303

Trial Date: 5-1-23 c/f 3-27-23

ADMISSIONS

MOVING PARTY: Defendants/Cross-Complainants, Sayra Alvarado, et al.

RESPONDING PARTY: Plaintiff/Cross-Defendant, Walter Martin

RELIEF REQUESTED

Motion to Deem Admissions Admitted

SUMMARY OF ACTION

On April 29, 2019, Plaintiff Walter Martin, trustee for the Gesner L. Martin living trust, entered into a month-to-month lease agreement for certain premises with Defendants Sayra Alvarado, Norma Saleido, and Jonathan Banuelos. Defendants took possession of the premises on the same date. Plaintiff alleges Defendants violated the lese by keeping more than one pet on the premises without prior written approval. Plaintiff also alleges Defendants failed to perform agreed upon maintenance. Plaintiff cancelled the lease, but Defendants continue to occupy the premises without paying rent since May 2019.

On May 15, 2020, Plaintiff filed a complaint for Breach of Lease Contract. Defendant answered the complaint on June 24, 2020, and filed a cross-complaint against Martin for Breach of Contract, Breach of Implied Warranty of Habitability, Breach of Implied Warranty of Quiet Enjoyment, Negligence, Constructive Eviction, Nuisance, Breach of Covenant of Good Faith and Fair Dealing, Retaliatory Acts, and Trespass. On August 7, 2020, Plaintiff/Cross-Defendants answered the cross-complaint.

RULING: Denied.

Defendants/Cross-Complainants, Sayra Alvarado, et al. move to deem request for admissions (set one) admitted as to Plaintiff/Cross-Defendant Martin. Moving parties represent Requests for Admissions were served on May 11, 2022, and no responses have been received. [Declaration of Zhana Aivazi, ¶ 4, Ex. A.] Responding party in opposition denies service of any requests for admissions. Notwithstanding, Martin served verified responses on January 25, 2023, according to the proof of service. Defendants/Cross-Complainants contends the admissions were properly served, and cites to the e-mail exchange as evidence.

The attached exhibit to the motion lacks any proof of service of the admissions. The court however acknowledges the e-mails sent to counsel regarding the outstanding discovery. It is undisputed Martin presents proof of service of verified responses to the request for admissions. The motion is therefore denied on grounds it is now moot.

Sanctions are mandatory given the finding of service and the admitted response following the filing of the motion. (Code Civ. Proc., 2033.280, subd. (c).) The court awards a total of $50 in sanctions joint and several against Plaintiff/Cross-Defendant and counsel of record. Payable within 120 days. The court notes the continuous series of discovery disputes and other motions submitted to the court by the subject parties, including six additional motions set from March 9, 2023 through April 27, 2023, and declines to impose severe sanctions given the continued acrimonious relationship of the parties.

Trial remains set for May 1, 2023.

Moving Parties to give notice.