Motion to Deem Request for Admissions Admitted
24CV009136: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs JENKINS 07/07/2025 Hearing on Motion to Deem Request for Admissions Admitted in Department 53
Tentative Ruling
NOTICE: PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 25, located at 720 9th Street, Sacramento, CA, the Hon. Julie G. Yap presiding. Should argument be requested by either party, the requesting party must call the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the hearing, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link: https://saccourt-ca-gov.zoomgov.com/my/sscdept25 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956.
Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be
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24CV009136: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs JENKINS 07/07/2025 Hearing on Motion to Deem Request for Admissions Admitted in Department 53
signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided
TENTATIVE RULING
Plaintiff State Farm Mutual Automobile Insurance Companys (Plaintiff) Motion to Deem Requests for Admission Admitted is UNOPPOSED and GRANTED, unless Defendant Deante Kashaun Jenkins (Defendant) serves, before the hearing on the motion, proposed responses that are in substantial compliance with Code of Civil Procedure section 2033.220. (Code Civ. Proc. § 2033.280(c).). If substantial compliance occurs before the hearing, the parties are required to appear at hearing and inform the court. If such appearance does not occur, the Court will presume no such substantial compliance has occurred, and the motion will be granted.
Plaintiff served the at issue discovery requests on September 9, 2024. (Ahearn Decl., ¶ 1.) Defendant failed to respond in any form. (Ahearn Decl., ¶ 3.)
Defendant does not oppose the motion. A party's failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
The motion to deem the truth of matters specified in requests for admissions, set one, is GRANTED as set forth above.
However, even if responses are served, sanctions must still be paid, pursuant to Code of Civil Procedure section 2033.280(c). Sanctions pursuant to section 2033.280(c) are mandatory with respect to the motion for order deeming requests for admission admitted, even if the motion is unopposed. Therefore, sanctions are granted in the amount of $260 (1 hour of attorney time, plus $60 filing fee).
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV009136: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs JENKINS 07/07/2025 Hearing on Motion to Deem Request for Admissions Admitted in Department 53
Defendant shall pay the sanction no later than July 17, 2025. If Defendant fails to pay the sanction by such date, then Plaintiff may lodge for the court's signature a formal order awarding sanctions, which may be enforced as a separate judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.