Judge: Teresa A. Beaudet, Case: 19STLC00037, Date: 2022-08-05 Tentative Ruling

Case Number: 19STLC00037    Hearing Date: August 5, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

This action was filed on January 2, 2019 by Plaintiff CMG Worldwide, Inc. against Defendant Dreams Fulfilled, LLC (“DF”). The Complaint asserts one cause of action for declaratory relief. On April 6, 2020, DF filed a Cross-Complaint against Rachel Robinson (“Robinson”) and the Estate of Jackie Robinson, asserting one cause of action for breach of contract.

DF served requests for admission on Robinson dated June 21, 2019. (Mooney Decl., ¶ 2, Ex. A.) On July 30, 2019 Robinson served unverified responses to DF’s requests for admission. (Mooney Decl., ¶ 3, Ex. B.) DF’s counsel’s supporting declaration (filed on January 31, 2022) indicates that counsel for Ms. Robinson has not provided a verification for any of the discovery responses purportedly provided on behalf of Ms. Robinson. (Mooney Decl., ¶ 4.)

DF now moves to deem admitted the requests for admission served on Robinson. The motion is unopposed.

As an initial matter, the Court notes that the instant motion was filed on January 31, 2022. Subsequently, on May 24, 2022, DF filed another “Motion To Deem Admitted Unanswered Requests for Admission,” which concerns the same June 21, 2019 requests for admission served by DF on Robinson.

In his declaration in support of the May 24, 2022 motion, DF’s counsel indicates that DF originally filed a motion to have the subject RFAs deemed admitted for lack of an adequate response on January 31, 2022 (the instant motion), setting the hearing for the first available date, August 5. (Mooney Decl., ¶ 4.) DF indicates that the Court declined DF’s request to advance the hearing on the motion unless until an informal discovery conference (“IDC”) was held. (Mooney Decl., ¶ 5.) On May 9, 2022, the parties participated in an IDC concerning DF’s requests for admission to Robinson. (Mooney Decl., ¶ 7.)

            On June 21, 2022, the Court issued an Order denying DF’s May 24, 2022 motion as moot. As set forth in the Order, on June 20, 2022, counsel for Robinson filed a declaration indicating that Robinson has served a verification to the RFAs after the motion was filed.

In light of the foregoing, the Court denies the instant motion as moot. 

DATED:  August 5, 2022                               ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court