Motion to Deem Matters Admitted
LAW AND MOTION CALENDAR JUNE 26, 2026
8. WELLS FARGO BANK, N.A. v. SPANO, 25CV2319
Motion to Deem Matters Admitted
On April 24, 2026, plaintiff Wells Fargo Bank, N.A. (“plaintiff”) filed is motion to
deem matters admitted. Proof of service, also filed April 24, 2026, shows the motion
was served upon defendant Nicholas Spano (“defendant”) via mail on April 22, 2026.
Defendant filed no opposition to the motion.
A party served with requests for admissions must serve a response within 30 days.
(Code Civ. Proc., § 2033.250.) Failure to serve a response entitles the requesting party,
on motion, to obtain an order that the genuineness of all documents and the truth of all
matters specified in the requests for admission be deemed admitted. (Code Civ. Proc.,
§ 2033.280, subd. (b).) When such a motion is made, the court must grant the motion
and deem the requests admitted unless it finds that prior to the hearing, the party to
whom the requests for admission were directed has served a proposed response that is
in substantial compliance with the provisions governing responses. (Code Civ. Proc.,
§ 2033.280, subd. (c); St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776, 778;
see also Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395–
396 [“two strikes and you’re out”].)
In this case, plaintiff served its Request for Admissions (Set One) upon defendant via
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mail on January 27, 2026. (Lopez Decl., ¶ 2 & Ex. 1.) Accordingly, defendant’s deadline
to serve his response was March 3, 2026 (30 calendar days, extended by five days for
mail service within the state of California). (Code Civ. Proc., §§ 1013, subd. (a),
2033.250, subd. (a).) As of April 22, 2026 (the date of counsel’s declaration), defendant
had served no response to the Request for Admissions. (Lopez Decl., ¶ 5.)
The court grants plaintiff’s motion to deem matters admitted.
TENTATIVE RULING # 8: PLAINTIFF’S MOTION TO DEEM MATTERS ADMITTED IS
GRANTED. THE TRUTH OF ALL MATTERS SPECIFIED IN PLAINTIFF’S REQUEST FOR
LAW AND MOTION CALENDAR JUNE 26, 2026
ADMISSION (SET ONE) ARE DEEMED ADMITTED. NO HEARING ON THIS MATTER WILL
BE HELD (LEWIS v. SUPERIOR COURT (1999) 19 CAL.4TH 1232, 1247), UNLESS A NOTICE
OF INTENT TO APPEAR AND REQUEST FOR ORAL ARGUMENT IS TRANSMITTED
ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE TO THE
CCOURT AT (530) 573-3042 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS
ISSUED. NOTICE TO ALL PARTIES OF AN INTENT TO APPEAR MUST BE MADE BY
TELEPHONE OR IN PERSON. PROOF OF SERVICE OF SAID NOTICE MUST BE FILED PRIOR
TO OR AT THE HEARING.