Notice Of Motion And Motion To Deem Plaintiff'S Requests For Admissions Admitted And Request For Monetary Sanctions
Real Property/Housing Court Law and Motion Calendar for Wednesday, July 15, 2026, line 10. PLAINTIFF 1140 HARRISON ASSOCIATES LP's Motion To Deem Plaintiff'S Requests For Admissions Admitted And Request For Monetary Sanctions. DENIED without prejudice.
On May 13, 2026, Defendant's request to vacate the previous order deeming admissions was granted by the Honorable Daniel A. Flores, based on Defendant's representation that she did not receive service of the underlying discovery. Plaintiff now moves for a second order deeming admissions, based on the same service which Defendant has shown, to the satisfaction of Judge Flores, that she did not receive.
Although the previous discovery order was vacated without prejudice to Plaintiff to re-file a subsequent motion seeking deemed admissions, Plaintiff offers no explanation as to why Plaintiff should again be entitled to a discovery sanction, based on the same service of discovery which Defendant did not receive. The Court notes that "without prejudice" means that the moving party is not barred from seeking the same remedy in a subsequent motion. However, it does not mean that the facts presented in the instant motion, which is being denied, will be sufficient to later support a different result upon refiling an identical motion.
This matter will be heard in department 505 by the Honorable Michelle Tong at 1:30 p.m. per the order of the presiding judge. (MT) =(501/MT)
Parties may appear in-person, or via Zoom Video Conference (Meeting ID: 160 4132 4666 Passcode: 872834). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |
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