Motion to Deem Request for Admissions Admitted
25CV016658: CAPITAL ONE N.A. vs ZHIRKOV 08/06/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 16D
Tentative Ruling
NOTICE:
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25CV016658: CAPITAL ONE N.A. vs ZHIRKOV 08/06/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 16D
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*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ***
TENTATIVE RULING:
Plaintiff Capital One, N.A.s (Plaintiff) motion for order that matters in request for admission be deemed admitted against Defendant Dmitriy Zhirkov in pro per (Defendant) is UNOPPOSED and GRANTED unless Defendant serves before the hearing on the motion proposed responses that are in substantial compliances with Code of Civil Procedure section 2033.22. (Code Civ. Proc., § 2033.280, subd. (c).) If Defendant serves proposed responses before the hearing, the parties are required to contest this tentative ruling pursuant to Local Rule 1.06(D) and appear at the hearing to inform the Court. If such appearance does not occur, the Court will presume that no such substantial compliance has occurred and will grant the motion.
On October 28, 2025, Plaintiff served Defendant by mail with its first set of requests for admissions. (Cox Decl., ¶ 2, Exh. 1.) At the time of filing this motion, Defendant had not served discovery responses on Plaintiff. (Id., ¶ 3.) Plaintiff now moves the Court for an order to deem the facts admitted.
No opposition was filed to this motion. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.)
Plaintiff did not request an award of monetary sanctions under Code of Civil Procedure section 2033.280, subdivision (c). No sanctions are awarded.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV016658: CAPITAL ONE N.A. vs ZHIRKOV 08/06/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 16D
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; Cal. Rules of Court, rule 3.1312.)