Judge: Stephen P. Pfahler, Case: 24STCV14938, Date: 2025-03-12 Tentative Ruling

Case Number: 24STCV14938    Hearing Date: March 12, 2025    Dept: 68

Dept. 68

Date: 3-12-25

Case: 24STCV14938

Trial Date: Not Set

ADMISSIONS

MOVING PARTY: Plaintiff, Alexandra Hughes

RESPONDING PARTY: Unopposed/Defendant, Matthew P. Malczynski

RELIEF REQUESTED

Motion to Requests for Admissions Admitted

SUMMARY OF ACTION

On February 16, 2019, Plaintiff Alexandra Hughes retained Defendants Law Office of Glenn Stern, et al. on a contingency basis regarding a residential habitability issue. On March 9, 2019, Plaintiff was in two automobile accidents, which led to counsel representing Plaintiff in said claims as well. Plaintiff alleges Defendants failed to timely file a complaint for either car accident, thereby leading to a bar of any complain under the statute of limitations.

On June 14 2024, Plaintiff filed a complaint for Legal Malpractice and Breach of Fiduciary Duty. On August 16, 2024, Matthew Malczynski, in pro per, answered the complaint. On August 21, 2024, Plaintiff dismissed Daniel Lopez. On September 3, 2024, Glenn Stern, in pro per, answered the complaint, and filed a cross-complaint for Breach of Contract, Negligence, Indemnity, and Implied Partial Indemnity against Malczynski, Havens Malczynski Grigolla, LLP, and Law Offices of Thomas P. Cacciatore. On October 21, 2024, Malczynski, and Havens Malczynski Grigolla, LLP answered the cross-complaint.

RULING: Granted

Plaintiff, Alexandra Hughes moves to deem Requests for Admissions (set one) served on Defendant Matthew P. Malczynski admitted.

Plaintiff represents service of requests for admissions on September 20, 2024. [Declaration of Ann Schneider ¶ 2, Ex. 1.] The responses remain outstanding at the time of the filing of the motion. [Id., ¶ 3.] The court electronic filing shows no opposition or reply.

The court therefore grants the unopposed motion to deem the requests for admissions admitted. (Code Civ. Proc., § 2033.280, subd. (a-b).)

The court imposes sanctions in the amount of $250 against Defendant, Matthew P. Malczynski, pro se, and payable within 30 days. (Code Civ. Proc., § 2033.280, subd. (c).)

Next discovery motions set for May 6 and 21, 2025.

Plaintiff to provide notice.