Motion to Deem Request for Admissions Admitted
25CV002037: CAPITAL ONE N.A. vs BENNETT 08/04/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 16D
Tentative Ruling
NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure: To request limited oral argument, on any matter on this calendar, you must call the Department 16D Oral Argument Request Line at (916) 874-3056 by 4:00 p.m. the court day before the hearing and advise opposing counsel. 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. Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED. 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 on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts.
Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000. A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be 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.
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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 forward the form to the Court Reporters Office and an official reporter will be provided. *** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G.
CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA.
25CV002037: CAPITAL ONE N.A. vs BENNETT 08/04/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 16D
ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING:
*** The Court finds in its file no proof of service demonstrating moving plaintiffs service of the Notice of Disclosure issued on 7/6/2026, despite being directed to serve all other parties with the Notice of Disclosure forthwith. Moving plaintiff is directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***
Plaintiffs motion to deem admitted those matters specified in its requests for admissions to defendant in pro per Bennett is UNOPPOSED and is GRANTED unless defendant in pro per serves before the hearing on the motion proposed responses that are in substantial compliance with Code of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).)
Plaintiff did not request an award of (mandatory) monetary sanctions under Code of Civil Procedure §2033.280(c) and thus, no sanctions are awarded here.
The Court declines to sign the proposed order submitted with the moving papers given that it remains undetermined whether defendant has served or will serve before the hearing on the motion proposed responses that are in substantial compliance with Code of Civil Procedure §2033.220. Further, given that §2033.280(c) allows service of substantially code-compliant responses (to avoid admissions) as late as any time before the hearing, the Courts ruling on this motion need not at this time make a finding regarding substantial compliance if such responses are in fact served. No further order in this regard is necessary at this time.
Moving party to provide notice of this ruling and file proof of service of same within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)