Judge: Virginia Keeny, Case: 24STCV32601, Date: 2025-05-27 Tentative Ruling

Case Number: 24STCV32601    Hearing Date: May 27, 2025    Dept: 45

3221 UNION PACIFIC HOLDINGS LLC vs PACIFIC WEST DISTRIBUTORS, et al.

plaintiff’s motion for order establishing admissions

Date of Hearing:        May 27, 2025                                     Trial Date:       December 22, 2025

Department:              45                                                        Case No.:        24STCV32601

Moving Party:            Plaintiff 3221 Union Pacific Holdings LLC  

Responding Party:     No opposition  

BACKGROUND

On December 10, 2024, Plaintiff 3221 Union Pacific Holdings LLC filed an unlawful detainer against Defendants Pacific West Distributors and Stephen Scott Brown.

[Tentative] Ruling

Plaintiff 3221 Union Pacific Holdings LLC’s Motion for Order Establishing Admissions is GRANTED

discussion

Plaintiff 3221 Union Pacific Holdings LLC moves this court for an order that the truth of each matter specified and the genuineness of each document specified in Plaintiff’s Requests for Admissions served on Defendants Pacific West Distributors and Stephen Scott Brown on February 19, 2025 be deemed admitted and conclusively established for all purposes in this action. Plaintiff also moves the court for an order that Defendants and counsel pay monetary sanctions.

Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the truth of any matters specified in the requests and the genuineness of any documents be deemed admitted, as well as a monetary sanction. (CCP §2033.280(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. (CCP §2033.280(a)(1)-(2).) The court shall grant the motion “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 … in substantial compliance with Section 2033.220.” (CCP §2033.280(c); St. Mary v. Sup. Ct. (2014) 223 Cal.App.4th 762, 777-78.) 

On February 18, 2025, Plaintiff caused to be served on Pacific West Distributors and Stephen Scott Brown, Requests for Admission, Set One. (Castellon Decl. ¶2, Exh. 1.) Responses were due by February 28, 2025. (Castellon Decl. ¶4.) Defendants have not responded. (Castellon Decl. ¶4.)

Based on the foregoing, Plaintiff 3221 Union Pacific Holdings LLC’s Motion for Order Establishing Admissions is GRANTED.

Sanctions

Plaintiff also requests sanctions in the amount of $1,350.00 in attorney fees. The court GRANTS the request for sanctions.