Judge: Stephen P. Pfahler, Case: 23STCV14595, Date: 2024-02-22 Tentative Ruling

Case Number: 23STCV14595    Hearing Date: February 22, 2024    Dept: 68

Dept. 68

Date: 2-22-24

Case #23STCV14595

Trial Date: 10-21-24

ADMISSIONS

MOVING PARTY: Plaintiff/Cross-Defendant, Ana Villatoro

RESPONDING PARTY: Unopposed/Defendant/Cross-Complainant, Jose Bolaños

RELIEF REQUESTED

Motion to Deem Request for Admissions Admitted

SUMMARY OF ACTION

On June 2, 2023, Ana Villatoro filed a complaint for Partition of Real Property and Ejectment involving 4063-4065 So. Normandie Ave., Los Angeles. On October 12, 2023, Joe and Elias Bolaños answered and filed cross-complaint against Villatoro for Quiet Title, Quiet Title – Resulting Trust, Breach of Fiduciary Duty, Quiet Title – Constructive Trust, and Declaratory Relief. Villatoro answerd the cross-complaint on November 7, 2023.

RULING: Granted.

Plaintiff/Cross-Defendant Ana Villatoro moves to deem Request for Admissions (set one) served on defendant Jose Bolaños admitted.

Defendant represents service of requests for admissions on October 16, 2023. [Declaration of Gregory Salvato, ¶ 5, Ex. A.] According to Defendant, at the time of the filing of the motion, no responses were received, even after an extension to respond. [Id., ¶ 10.]

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).) Sanctions in the amount of $250 imposed against defendant Jose Bolaños joint and several with counsel, and payable within 30 days. (Code Civ. Proc., § 2033.280, subd. (c).)

Trial set for October 21, 2024.

Defendant to provide notice.