Judge: William A. Crowfoot, Case: 22AHCV01199, Date: 2023-09-19 Tentative Ruling

Case Number: 22AHCV01199    Hearing Date: September 19, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

UNIVERSAL SHOPPING PLAZA,

                   Plaintiff(s),

          vs.

 

VEGE PARADISE RESTAURANT INC., et al.,

 

                   Defendant(s).

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     CASE NO.:  22AHCV01199

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTIONS TO DEEM ADMITTED

 

Dept. 3

8:30 a.m.

September 19, 2023

 

 

 

 

          Plaintiff Universal Shopping Plaza (“Plaintiff”) moves to have the documents and truth of all matters specified within its Requests for Admission (Set 2), propounded upon defendants Vege Paradise Restaurant Inc. and Scott Huang (collectively, “Defendants”) deemed admitted.

Where a party fails to timely respond to a request for admission, 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.  (Code Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants them 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 Civ. Proc., § 2033.280, subds. (a)(1)-(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 Civ. Proc., § 2033.280, subd. (c).)

          Neither of the Defendants filed an opposition motion and it does not appear that either of them served substantially compliant responses before the hearing. Accordingly, Plaintiff’s motions are GRANTED.  

The Court imposes sanctions against Huang in the amount of $510, to be paid within 20 days of the date of this order.  The Court also imposes sanctions against Vege Paradise in the amount of $510, to be paid within 20 days of the date of this order.

Dated this 19th  day of September, 2023

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.