Judge: William A. Crowfoot, Case: 20STCV24719, Date: 2022-08-04 Tentative Ruling

Case Number: 20STCV24719    Hearing Date: August 4, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JOSHUA PAYTON,

                   Plaintiff(s),

          vs.

 

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, et al.,

 

                   Defendant(s).

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      CASE NO.: 20STCV24719

 

[TENTATIVE] ORDER RE: DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY’S MOTION TO COMPEL PLAINTIFF’S DISCOVERY RESPONSES TO REQUESTS FOR ADMISSION, SET 3; REQUEST FOR MONETARY SANCTIONS

 

Dept. 27

1:30 p.m.

August 4, 2022

 

On June 30, 2020, plaintiff Joshua Payton (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“Defendant”) and Geneva Smith arising from an automobile accident that occurred on December 8, 2019.  On May 25, 2022, Defendant served Requests for Admission (Set Three) (“RFAs”) on Plaintiff.  No responses were received. 

Defendant seeks an order compelling Plaintiff to provide responses to the RFAs.  Defendant cites to CCP 2033.280(a) as authority for this motion.  However, this Code provision only states that a party who fails to serve a timely response waives any objections to the request, including those based on privilege or work product protection.  The rest of the provision provides a party with the ability to move for an order deeming admitted the genuineness of any documents and the truth of any matters specified in the requests for admission.  (Code Civ. Proc., § 2033.280, subd. (b)-(c).  The only other motion permitted regarding requests for admissions is a motion for an order compelling a further response if an answer to a particular request is insufficient or an objection is without merit.  (Code Civ. Proc., § 2033.290.) 

The Court therefore lacks the authority to grant the requested order to compel responses.  Defendant’s motion is DENIED. 

Moving party to give notice.

 

 

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.