RODRIGUEZ CHAVERO vs CLARK

25CV140807: RODRIGUEZ CHAVERO vs CLARK 08/04/2026 Hearing on Motion to Deem Request for Admissions Admitted filed by Hector Daniel Clark (Defendant) CRS# 026735301676 in Department 518

Tentative Ruling - 07/30/2026 Mark Fickes

The Motion to Deem RFA's Admitted filed by Hector Daniel Clark on 04/27/2026 is Denied.

On April 27, 2026, Defendant Daniel Clark, in pro per, filed the motion to deem requests for admission (“RFAs”) admitted and requested $170 in sanctions.

Attorney fees are not available to parties in pro per. (See Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1175 [holding that attorney fees cannot be granted where they were not incurred].)

In his late-filed opposition Plaintiff Jose A. Rodriguez Chavero dba Galaxy Auto Body states that he responded to the RFAs on May 7, 2026, by filing them on the Courts’ docket. This is improper as Plaintiff was required to serve the response on Defendant, not file the responses with the court. Nonetheless, it appears the responses are verified and substantially comply with Section 2033.220 as they were served via mail on the same day. (See proof of service dated 5/11/26; MPA p. 1.)

Thus, Defendant’s motion to deem RFAs admitted is DENIED as moot. The Court declines Defendant’s request for sanctions.

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PLEASE NOTE: Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing.

To contest a tentative ruling, a party should do the following:

First, the party must notify Department 518, by email at Dept518@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."