Judge: Virginia Keeny, Case: 21VECP00620, Date: 2022-08-25 Tentative Ruling

Case Number: 21VECP00620    Hearing Date: August 25, 2022    Dept: W

CITY OF LOS ANGELES V. KAREN KHACHERYAN 

Motion to Deem Request for Admissions Admitted

Date of Hearing:       08-25-22                                            Trial Date:      N/A

Department:              W                                                        Case No.:      21VECP00620

Moving Party:            City of Los Angeles

Responding Party:   None.

TENTATIVE:             Request to Deem RFA Admitted is Granted.

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BACKGROUND

On November 30, 2021, Plaintiff City of Los Angeles (hereinafter, “Plaintiff”) filed a Petition for Order to Abate Public Nuisance and Substandard Property Conditions to Appoint Receiver and to Require Reimbursements against Defendant Khacheryan (hereinafter “Defendant”). This petition arises out of a series of automotive vehicles and boats in various states of disrepair that litter the property of Defendant, located at 6537 Columbus Avenue, Los Angeles, California 91411.  (Petition, ¶1). For the last five years, Plaitiff alleges that the City, through the Department of Building and Safety (“LADBS”) have repeatedly found violations and nuisance conditions on the property and issued Defendant to comply, however Defendant has failed to acknowledge the notices. Plaintiff brings this Peititon to compel Defendant to remove the vehicles and boats that allegedly constitute an illegal use of the property and potentially present environmental concerns from leaking fuel and oil. (Id. at ¶2).

On July 8, 2022, Plaintiff filed this instant Motion to Deem Requested Facts Admitted. No opposition has been filed. Proof of service of this motion was effectuated on Defendant on May 2, 2022 pursuant CCP §1013.

[TENTATIVE] RULING : GRANT

LEGAL STANDARD 

Where there has been no timely response to a requests for admission under Code of Civil Procedure section 2033.010, 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, as well as for a monetary sanction.  (Code of Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants that party 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 of Civ. Proc., § 2033.280, subds. (a)(1)–(a)(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 of Civ. Proc., § 2033.280, subd. (c).)

ANALYSIS 

Here, Defendant has not filed any opposition to Plaintiff’s motion.  Defendant failed to deliver any response to the Request for Admissions. Accordingly, Plaintiff’s unopposed motion is granted pursuant to Code of Civil Procedure section 2033.280. Defendant is deemed to have admitted the truth of all matters specified in the RFA as of this date.

CONCLUSION 

Plaintiff’s Request to Deem Facts Admitted is GRANTED.