Judge: Stephen P. Pfahler, Case: 22CHCV01057, Date: 2023-08-07 Tentative Ruling

Case Number: 22CHCV01057    Hearing Date: August 7, 2023    Dept: F49

Dept. F-49

Date: 8-7-23

Case Number: 22CHCV01057

Trial Date: Not Set

ADMISSIONS

MOVING PARTY:                Defendants, Israel Castaneda, et al.

RESPONDING PARTY:       Unopposed/Plaintiff, Juan Fernando Vargas

RELIEF REQUESTED

Motion to Deem Requests for Admissions Admitted

SUMMARY OF ACTION

Beginning on September 25, 2014, plaintiffs Maria Pelayo and Juan Vargas entered into an oral rental agreement for 13011 Corcoran St., Unit B, a residence somewhere within the City of Los Angeles. On March 10, 2021, Plaintiffs submitted a complaint to the Department of Building and Safety regarding improper/illegal modifications to the property, thereby constituting a safety hazard. Plaintiffs allege defendants Israel Castaneda and Irma Correa retaliated with an unlawful detainer action

On November 3, 2023, Plaintiffs filed a complaint for Retaliatory Eviction, Restitution Based on Unjust Enrichment, Money Had and Received, Fraud and Deceit, Violation of Los Angeles Rent Stabilization Ordinance, Negligence, Breach of Warranty of Habitability, Public Nuisance, and Collection of Excess Rent.

All parties substituted out counsel, and now appear in pro per.

Defendants substituted in counsel on February 21, 2022, and Plaintiffs substituted out counsel on March 14, 2022. Plaintiffs therefore now appear in pro per.

On June 7, 2023, the court sustained the unopposed demurrer to the fourth, fifth, sixth and eighth causes of action for fraud and deceit, violation of Los Angeles Rent Stabilization Ordinance, negligence, and nuisance causes of action in the complaint with 30 days leave to amend. No amended pleading was filed; Defendants answered the remaining causes of action in the complaint on July 12, 2023.

RULING: Granted.

Defendants Israel Castaneda and Irma Correa move to deem admissions admitted (set one) served on plaintiff Juan Vargas.

Plaintiff represents service of Request for Admissions on March 9, 2023. [Declaration of Geoffrey Bowen, ¶ 3, Ex. 1-2.] According to Plaintiff, at the time of the filing of the motion, no responses were received. [Id., ¶ 4.] The subject discovery was served on former counsel prior to Plaintiff substituting out of the case into pro per status. The court therefore finds service valid, and assumes former counsel forwarded the file to the former clients.

The motion is unopposed. The court electronic filing system shows no reply filed at the time of the tentative ruling publication cutoff. The unopposed motion is granted. Request for Admissions (set one) is deemed admitted. (Code Civ. Proc., § 2033.280, subd. (b).) Defendants make no request for sanctions. (Code Civ. Proc., § 2033.280, subd. (c).)

Three motions to compel and deem admissions admitted set for August 11, 2023. Case Management Conference set for September 12, 2023.

Defendants to give notice.