Motion to Deem Request for Admissions Admitted
24CV102672: RENTERIA vs GENERAL MOTORS, LLC., et al. 07/31/2026 Hearing on Motion to Deem Request for Admissions Admitted filed by GENERAL MOTORS, LLC. (Defendant) CRS# 029681737367 in Department 20
Tentative Ruling - 07/30/2026 Karin Schwartz
The Motion to Deem RFA's Admitted filed by GENERAL MOTORS, LLC. on 05/04/2026 is Granted.
The motion of Defendant General Motors, LLC ("GM") for an order deeming admitted the matters specified in its Requests for Admission, Set One, and for monetary sanctions, is GRANTED.
GM served its Requests for Admission, Set One, on Plaintiff on January 2, 2025, and Plaintiff failed to serve any response by the February 3, 2025 due date or at any time thereafter. There is no evidence that Plaintiff has served, before the scheduled 7/31/26 hearing, a proposed response in substantial compliance with Code of Civil Procedure section 2033.220. Accordingly, under Code of Civil Procedure section 2033.280(c), the truth of all matters specified in GM's Requests for Admission, Set One, and the genuineness of any documents described therein, are DEEMED ADMITTED as to Plaintiff Antonio Renteria.
Plaintiff's opposition does not preclude this order. A showing of mistake, inadvertence, or excusable neglect is not a defense to entry of a deemed-admitted order; it is relevant only to a later motion to withdraw or amend admissions under section 2033.300. The internal attorneytransition described in Plaintiff's opposition is therefore not a ground to deny the motion.
The Court is concerned with the following statement in Defendant's reply brief, which appears to lack any evidentiary support. "Plaintiff has served no response, and his Limited Opposition concedes that he cannot, because Plaintiff 'cannot be reached.'" (MPA, p. 2:16-20; see CCP 128.7(b)(3).)
Monetary sanctions are imposed. Because Plaintiff's failure to serve a timely response necessitated this motion, a monetary sanction is mandatory under Code of Civil Procedure section 2033.280(c). The Court finds that GM incurred reasonable attorney's fees as a direct result of that failure, and, drawing on its own knowledge and experience of the reasonable value of preparing and presenting an uncontested motion of this type, fixes a reasonable sanction in the amount of $500.
Plaintiff's counsel of record shall pay that amount to GM's counsel within 30 days of service of this order.
IT IS SO ORDERED.
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