MAYU IZUMIDA ET AL VS. GAETANI REAL ESTATE ET AL

Set for Law and Motion/Discovery Calendar on Friday, March 27, 2026, Line 1. 6 - Plaintiffs Mayu Izumida and Joshua Stoll's motion for an order deeming facts admitted is GRANTED IN PART and DENIED IN PART as moot.

If a party fails to timely respond to requests for admission, the party waives any objections to the requests and the truth of any matters specified in the requests may be deemed admitted. (CCP 2033.280(a)-(b).) However, the court does not deem requests for admission admitted if "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." (CCP 2033.280(c).)

Here, Plaintiffs served Defendant with Requests for Admission, Set One on May 21, 2025, with responses due July 8, 2025. Defendant served objections only on July 8, 2025. Plaintiffs filed this motion on March 4, 2026. Defendant subsequently served substantive responses on March 16, 2026. Objections do not qualify as "responses" for the purposes of Section 2033.280. (See CCP 2033.220.)

Since Defendant has served substantially compliant responses prior to the hearing on the motion, the motion is moot. However, the court is required to impose a monetary sanction on Defendants for failing to serve a timely response to the requests for admission, necessitating this motion. (see CCP 2033.280(c).) Defendant Nancy Pao-Jen Tan shall pay $1,060 to Plaintiffs Mayu Izumida and Joshua Stoll as sanctions, payable forthwith but no later than April 10, 2026, with a receipt filed in the docket of this action by April 17, 2026.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address =(302/JMQ) | |