Judge Walter P. Schwarm, Case 30-2022-01288565 2023-08-08 Tentative Ruling

Judge: Walter P. Schwarm, Case: 30-2022-01288565, Date: 2023-08-08 Tentative Ruling

Motion No. 1:

Plaintiff’s (Merchant Capital Source, LLC) unopposed Motion to Deem Facts Admitted and Genuineness of Documents Conclusively Established as directed against Defendant—Big Valley Ranch, LLC (Motion), filed on 2-22-23 under ROA No. 27, is GRANTED.

Code of Civil Procedure section 2033.280 states, in part, “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: [¶] (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: [¶] (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. [¶] (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. [¶] (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010.). . . .”

On 12-9-22, Plaintiff served Defendant (Big Valley Ranch, LLC) with “Plaintiff’s First Set of Requests for Admissions (Truth of Facts)” Set Number: One. (Velen Decl., ¶ 2 and Exhibit 1.) Plaintiff has not received any response to this discovery request. (Velen Decl., ¶ 3.)

Since Plaintiff has not responded to this discovery request, the court GRANTS Plaintiff’s (Merchant Capital Source, LLC) unopposed Motion to Deem Facts Admitted and Genuineness of Documents Conclusively Established as directed against Defendant—Big Valley Ranch, LLC filed on 2-22-23 under ROA No. 27. The court deems the that the genuineness of any documents and the truth of any matters specified in “Plaintiff’s First Set of Requests for Admissions (Truth of Facts)” Set Number: One (Velen Decl., ¶ 2 and Exhibit 1) are admitted. The court imposes a monetary sanction of $435.00 in favor of Plaintiff and against Defendant. (Code Civ. Proc., § 2033.280(c), subd. (c); Cal. Rules of Court, rule 3.1348; Velen Decl., ¶ 4.)

Plaintiff is to give notice.

Motion No. 2:

Plaintiff’s (Merchant Capital Source, LLC) unopposed Motion to Deem Facts Admitted and Genuineness of Documents Conclusively Established as directed against Defendant—Rebecca Cupp (Motion), filed on 2-22-23 under ROA No. 27, is GRANTED.

On 12-9-22, Plaintiff served Defendant (Rebecca Cupp) with “Plaintiff’s First Set of Requests for Admissions (Truth of Facts)” Set Number: One. (Velen Decl., ¶ 2 and Exhibit 1.) Plaintiff has not received any response to this discovery request. (Velen Decl., ¶ 3.)

Since Plaintiff has not responded to this discovery request, the court GRANTS Plaintiff’s (Merchant Capital Source, LLC) unopposed Motion to Deem Facts Admitted and Genuineness of Documents Conclusively Established as directed against Defendant—Rebecca Cupp filed on 2-22-23 under ROA No. 27. The court deems the that the genuineness of any documents and the truth of any matters specified in “Plaintiff’s First Set of Requests for Admissions (Truth of Facts)” Set Number: One (Velen Decl., ¶ 2 and Exhibit 1) are admitted. The court imposes a monetary sanction of $375.00 in favor of Plaintiff and against Defendant. (Code Civ. Proc., § 2033.280(c), subd. (c); Cal. Rules of Court, rule 3.1348; Velen Decl., ¶ 4.)

Plaintiff is to give notice.

Motion No. 3:

Plaintiff’s (Merchant Capital Source, LLC) unopposed Motion to Deem Facts Admitted and Genuineness of Documents Conclusively Established as directed against Defendant—Shad Cupp (Motion), filed on 2-22-23 under ROA No. 27, is GRANTED.

On 12-9-22, Plaintiff served Defendant (Shad Cupp) with “Plaintiff’s First Set of Requests for Admissions (Truth of Facts)” Set Number: One. (Velen Decl., ¶ 2 and Exhibit 1.) Plaintiff has not received any response to this discovery request. (Velen Decl., ¶ 3.)

Since Plaintiff has not responded to this discovery request, the court GRANTS Plaintiff’s (Merchant Capital Source, LLC) unopposed Motion to Deem Facts Admitted and Genuineness of Documents Conclusively Established as directed against Defendant—Shad Cupp filed on 2-22-23 under ROA No. 27. The court deems the that the genuineness of any documents and the truth of any matters specified in “Plaintiff’s First Set of Requests for Admissions (Truth of Facts)” Set Number: One (Velen Decl., ¶ 2 and Exhibit 1) are admitted. The court imposes a monetary sanction of $375.00 in favor of Plaintiff and against Defendant. (Code Civ. Proc., § 2033.280(c), subd. (c); Cal. Rules of Court, rule 3.1348; Velen Decl., ¶ 4.)

Plaintiff is to give notice.