Judge: William A. Crowfoot, Case: 24NNCV00999, Date: 2024-12-05 Tentative Ruling

Case Number: 24NNCV00999    Hearing Date: December 5, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On April 16, 2024, plaintiff Rogue Credit Union (“Plaintiff”) filed this action against defendant Elizabeth Telfair Rivas (“Defendant”) arising from a loan. On June 24, 2024, Plaintiff served Request for Admissions and Genuineness of Documents (Set One) on Defendant. Defendant did not respond and Plaintiff proceeded to file this motion on August 28, 2024.

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 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).)

Defendant did not oppose this motion and it is undisputed that responses were not timely served. It also does not appear that Defendant has served substantially compliant responses before the hearing. Therefore, the motion to deem admitted is GRANTED.

Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).) Here, Plaintiff did not include a request for monetary sanctions in its notice of motion or memorandum of points and authorities. Accordingly, no sanctions shall be imposed.

Moving party to give notice.

Dated this 5th day of December 2024

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.