Judge: Virginia Keeny, Case: 25STCV00632, Date: 2025-06-02 Tentative Ruling
Case Number: 25STCV00632 Hearing Date: June 2, 2025 Dept: 45
WELLS FARGO BANK, NATIONAL ASSOCIATION vs
KELVIN C WHITTIKER
plaintiff’s motion for order deeming plaintiff’s
first set of requests for admission admitted
Date
of Hearing: June 2, 2025 Trial Date: None
set
Department: 45 Case No.: 25STCV00632
Moving
Party: Plaintiff Wells Fargo
Bank, National Association
Responding
Party: No opposition
BACKGROUND
On January 10, 2025, Plaintiff Wells
Fargo Bank, National Association filed a complaint for breach of contract,
account stated, money lent, breach of contract, account stated and money lent
against Defendant Kelvin C Whittiker, an individual, aka Kelvin C
Whittaker, aka Kelvin C Whittier, aka Kelvin Cornelious Whittik, aka Kanon
Whittiker, aka Kelvin Cornelious Whittiker, aka Kevin Whittiker and dba
Whittiker Trucking. Plaintiff alleges in 2022, Wells Fargo granted a business
line of credit to Defendant; however, Defendant defaulted under the account due
to the failure to make required monthly payments.
[Tentative] Ruling
Plaintiff’s Motion for Order Deeming Plaintiff’s First Set of
Requests for Admission Admitted Propounded on Defendant Kelvin C Whittiker is
GRANTED.
discussion
Plaintiff moves this court for an order that genuineness of any
documents and the truth of any matters specified in Plaintiff’s First Set of
Requests for Addmission propounded on Defendant Kelvin C Whittiker, an
individual, aka Kelvin C Whittaker, aka Kelvin C Whittier, aka Kelvin
Cornelious Whittik, aka Kanon Whittiker, aka Kelvin Cornelious Whittiker, aka
Kevin Whittiker and dba Whittiker Trucking be admitted pursuant to Code of
Civil Procedure section 2033.280. Plaintiff also seeks monetary sanctions against
Defendant’s counsel in the amount of $860.00.
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 25, 2025, Plaintiff’s counsel served four sets of
discovery on Defendant, including Requests for Admissions. (Ramirez-Browning
Decl. ¶2, Exh. A.) Defendant has failed to serve any response whatsoever to the
discovery within the time permitted by law. (Ramirez-Browning Decl. ¶4.) On
April 2, 2025, Plaintiff’s counsel sent a meet and confer letter to Defense
Counsel. (Ramirez-Browning Decl. ¶5, Exh. B.) Plaintiff’s counsel’s office
emailed Mr. Shepard on April 15, 2025, inquiring about the status of discovery.
(Ramirez-Browning Decl. ¶6, Ex. C.) Defense counsel indicated that his client
has become non-responsive to his calls and emails. (Ramirez-Browning Decl. ¶6,
Exh. C.) Plaintiff’s counsel inquired with Defendant’s counsel again on April
22, 2025, but no response was made. (Ramirez-Browning Decl. ¶7, Exh. D.)
Based on the foregoing, Plaintiff’s Motion for Order Deeming
Plaintiff’s First Set of Requests for Admission Admitted Propounded on
Defendant Kelvin C Whittiker is GRANTED.
Sanctions
Plaintiff also requests sanctions in the amount of $860.00 in
attorney fees. The court GRANTS the request for sanctions.