Judge: Thomas D. Long, Case: 23STLC01831, Date: 2025-02-06 Tentative Ruling

Case Number: 23STLC01831    Hearing Date: February 6, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 13, 2020, Walter Omar Aliaga filed Case No. 20STCV14129 against Kenneth Management Group Inc. (“Kenneth”).  On June 23, 2022, Law Offices of Jack D. Josephson (“Law Offices”) filed a notice of attorney lien.  Aliaga dismissed that case due to settlement on May 2, 2023.

On March 20, 2023, Kenneth filed this interpleader action against Aliaga and Law Offices.  On October 5, 2023, the Court granted Kenneth’s motion for discharge and dismissed Kenneth.  The Court did not terminate the action with respect to Aliaga and Law Offices.

On November 26, 2024, Law Offices served Requests for Admissions (Set One) on Aliaga.  Aliaga did not serve responses.  On January 9, 2025, Law Offices filed a motion to deem the RFAs admitted.

When a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).)  The court shall grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Code Civ. Proc., § 2033.280, subd. (c).)

Aliaga filed no opposition to this motion and did not serve timely responses.  It does not appear that Aliaga served substantially compliant responses prior to the hearing.

Accordingly, the motion is GRANTED.  Requests for Admission (Set One) is deemed admitted by Aliaga.

The request for sanctions is also granted.  Aliaga is ordered to pay sanctions of $2,400.00 to Law Offices within 30 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 6th day of February 2025