BERMUDEZ v. NORWALK ARTS AND SPORTS COMPLEX, ET AL.

CASE NO.: 23NWCV03886 HEARING: Thursday, August 20, 2026, at 9:30 AM Defendant CITY OF NORWALK's Motion to Deem Requests for Admission, Set One Admitted against Plaintiff JUAN BERMUDEZ is GRANTED. Moving Party to give Notice.

Background

Defendant CITY OF NORWALK ("Defendant") moves to have Requests for Admissions, Set One, Admitted against Plaintiff JUAN BERMUDEZ. ("Plaintiff"). Legal Standard "If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests.... The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.... (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed 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.

It is mandatory that the court impose a monetary sanction under Chapter 7...on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion." (CCP Sec.2033.280.)

Unverified responses "are tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) On April 16, 2026, Defendant served Plaintiff with Defendant's Requests for Admission, Set One. Plaintiff's response was due on or before May 21, 2026. Plaintiff failed to provide a response. Therefore, Defendant's Motion is GRANTED. Defendant's Requests for Admissions, Set One is Deemed Admitted. Reasonable sanctions are GRANTED in the total amount of $250.00. Plaintiff JUAN BERMUDEZ is ORDERED to pay Moving Party and their counsel of record sanctions in the total amount of $250.00, payable within 60 days from the date of the Court's issuance of this Order.

ROJAS, MD, DR. v. CABALLERO, ET AL.