Motion – Admissions – Discovery Facilitator Program; Motion – Leave to File Amended Answer
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Before the court are two motions. The first is a motion filed by Defendants Jeanette Villasenor, Raymond G. Villasenor (“Defendants”) for leave to file a first amended answer to the complaint. The second is Plaintiff Raymond M Villasenor’s (“Plaintiff”) discovery motion to deem requests for admission to Defendant Raymond G. Villasenor admitted and for monetary sanctions. Both motions were duly noticed on opposing parties. No opposition was filed as to either motion. A failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal. Rules of Court, rule 8.54, subd. (c).) Failure to oppose a motion may also lead to the presumption that [plaintiff] has no meritorious arguments. (See Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal. App. 3d 481, 489, disapproved of by Garcia v. McCutchen (1997) 16 Cal.4th 469, on other grounds.)
A notice of settlement was filed on June 15, 2026, which contemplates a dismissal will be filed by October 13, 2026. The court grants Defendants’ motion for leave to file a first amended answer. The court also grants Plaintiff’s discovery motion and orders that all requests for admission be deemed admitted, and for monetary sanctions in the amount of $1,000 against Defendants and their counsel. In light of the notice of settlement and upon request of the parties, the court shall stay this order through October 13, 2026.
All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B) to contest the tentative decision. Parties who request oral argument are required to appear in person or remotely by ZOOM. Regardless of whether a party requests oral argument in accordance with
Rule 2.10(B), the prevailing party shall prepare an order consistent with the announced ruling as required by Marin County Superior Court Local Rules, Rule 2.11.
The Zoom appearance information for June 2026 is as follows: https://marin-courts-cagov.zoomgov.com/j/1615487764?pwd=Ob4B5J7LLKcpnkxzJjjEOSHNzEGafG.1 Meeting ID: 161 548 7764 Passcode: 502070
If you are unable to join by video, you may join by telephone by calling (669) 254-5252 and using the above-provided passcode. Zoom appearance information may also be found on the Court’s website: https://www.marin.courts.ca.gov
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