Judge: Stephen P. Pfahler, Case: 24STCV19423, Date: 2025-05-01 Tentative Ruling

Case Number: 24STCV19423    Hearing Date: May 1, 2025    Dept: 68

Dept. 68

Date: 5-1-25 c/f 4-22-25

Case: 24STCV19423

Trial Date: Not Set

ADMISSIONS

MOVING PARTY: Plaintiffs, Sy Transportation Group, et al.

RESPONDING PARTY: Unopposed/Defendant, Next Trucking, Inc.

RELIEF REQUESTED

Motion to Requests for Admissions Admitted

SUMMARY OF ACTION

Plaintiffs Sy Transportation Group and I Can Trucking, Inc. allege Defendants Next Trucking, Inc., Hanbing Yan aka Lydia Yan, and Zhao LI aka Jack Li failed to pay for trucking services rendered on February 5, 2022, and October 5, 2023, respectively. Plaintiffs allege balances due of $55,508 and $34,378.

On August 5, 2024, Plaintiffs filed a complaint for 1. Breach of Contract 2. Account Stated 3. Open Book Account 4. Fraud. On September 4, 2024, Zhoal Li, in pro per, answered the complaint. On September 11, 2024, Defendnants Next Trucking, Inc., CDL 1000, Hanbing Yan and Zhao Li answered the complaint. On March 5, 2025, Plaintiff filed an amendment to the complaint designating CDL 1000 LLC as a defendant.

RULING: Granted

Plaintiffs Sy Transportation Group and I Can Trucking, Inc. move to deem Requests for Admissions (set one) served on Defendant Next Trucking, Inc., admitted.

Plaintiffs represents service of requests for admissions on October 14, 2024. [Declaration of Tony Lu ¶ 4, Ex. 1.] Defendant only served unverified responses. [Id., ¶ 11, Ex. 2.] The responses remain outstanding at the time of the filing of the motion. [Id., ¶ 15.] The court electronic filing shows no opposition or reply.

Unverified responses constitute non-responses. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) 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 joint and several against Defendant Next Trucking, Inc. and counsel of record. Payable within 30 days. (Code Civ. Proc., § 2033.280, subd. (c).)

Motions to compel discovery responses July 14, 21, 22, and 22, 2025, respectively.

Plaintiff to provide notice.