Judge: Stephen P. Pfahler, Case: 23STCV28508, Date: 2024-10-30 Tentative Ruling

Case Number: 23STCV28508    Hearing Date: October 30, 2024    Dept: 68

Dept. 68

Date: 10-30-24

Case #23STCV28508

Trial Date: 2-24-25

ADMISSIONS

MOVING PARTY: Defendant/Cross-Complainant, Samuel Co

RESPONDING PARTY: Unopposed/Plaintiff/Cross-Defendant, Guadenico Yap

RELIEF REQUESTED

Motion to Deem Request for Admissions Admitted

SUMMARY OF ACTION

On November 21, 2023, Guadencio Yap filed a complaint for Fraud, Breach of Fiduciary Duty, and Quantum Meruit. On February 5, 2024, Plaintiff filed a verified derivative first amended complaint for Breach of Fiduciary Duty, Abuse of Control, and Unjust Enrichment. On April 15, 2024, Co answered the verified first amended complaint, and filed a cross-complaint against Yap for Conversion, Violation of Penal Code section 496, Breach of Contract, Breach of Fiduciary Duty, Unjust Enrichment, and Unfair Business Practices.

RULING: Granted.

Defendant/Cross-Complainant Samuel Co moves to deem Request for Admissions (set one) served on Plaintiff/Cross-Defendant Guadenico Yap, admitted.

Defendant represents service of requests for admissions on April 16, 2024. [Declaration of David Shinder, ¶ 2, Ex. A.] Plaintiff only provided untimely unverified and improper responses. [Id., ¶ 6, Ex. C.]

The motion is unopposed. The court electronic filing system shows no reply filed at the time of the tentative ruling publication cutoff. Unverified responses constitute non-responses. The court otherwise declines to determine any waiver of objections or propriety of the responses, as such a determination requires actual verified responses and a motion to compel further responses. 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 Guadencio Yap, joint and several with counsel, and payable within 30 days. (Code Civ. Proc., § 2033.280, subd. (c).)

Motion to compel responses to request for production of documents and form interrogatories set for November 4, 2024. Trial scheduled on February 24, 2025.

Defendant/Cross-Complainant to provide notice.