Judge: William Y. Wood, Case: 37-2023-00037645-CU-CL-NC, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - April 25, 2024

04/26/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Other Collections Motion Hearing (Civil) 37-2023-00037645-CU-CL-NC PARADIGM ASSETS RECOVERY LLC VS MICHALOVICH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 02/01/2024

Plaintiff Paradigm Assets Recovery, LLC's motion for an order deeming matters admitted (ROA # 16) is granted. The Court deems the lack of opposition to the motion to be a concession as to the merits of the motion. In addition, notwithstanding the lack of opposition, the Court has reviewed the moving papers and finds that the motion is meritorious.

The matters specified in the requests for admission are deemed admitted pursuant to CCP § 2033.280(c) unless defendant Mike Michalovich submits the verified responses prior to the hearing.

Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395-396 ['(W)oe betide the party who fails to serve responses before the hearing. In that instance, the court has no discretion but to grant the admission motion, usually with fatal consequences for the defaulting party. One might call it 'two strikes and you're out' as applied to civil procedure.'].

This minute order constitutes the Court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, April 26, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of April 26, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

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3110768