Motion to Deem Matters Admitted
34-2022-00326363-CU-PO-GDS: Diana Wallace vs. Richard Anders 07/06/2023 Motion to Deem Matters Admitted - Civil Law and Motion in Department 53
Tentative Ruling
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34-2022-00326363-CU-PO-GDS: Diana Wallace vs. Richard Anders 07/06/2023 Motion to Deem Matters Admitted - Civil Law and Motion in Department 53
will be forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING
The motion of Plaintiff Diana Wallace and Brandon Hughes (Plaintiffs) for an order deeming compelling Defendant Scott D. Mackenroth (Defendant) to have admitted the truth of matters specified in Plaintiffs first set of requests for admission is ruled on as follows.
When a party fails to serve a timely response to request for admissions, the party waives any objections to the requests. (Code Civ. Proc. § 2033.280(a).) Further, the Court shall grant a motion to deem the truth of the matters admitted unless the responding party has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. (Code Civ. Proc. § 2033.280(c).)
Defendant filed a conditional non-opposition requesting that the matters not be deemed admitted because Defendant previously served verified responses without objection on May 1, 2023. The Court notes Defendant did not provide a declaration, proof of service, or other evidence that such responses were actually served.
The motion is GRANTED, unless Defendant has or does serve verified responses, before the hearing, in substantial compliance with Code of Civil Procedure § 2033.220. The Court makes no determination at this time as to whether any responses served by Defendant were in substantial compliance.
No sanctions were requested and none are awarded.
The notice of motion incorrectly cites to Placer County Superior Court Local Rule 2.0.3 instead of providing notice of this Courts tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and/or self-represented litigants and advise them of Local Rule 1.06, this Courts tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.