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25CV465609·santaclara·Civil·Civil Discovery Dispute
Hearing in about 1 hourGRANTED

Wells Fargo Bank, N.A. v. Yvonne Trigos

Motion to Deem Request for Admission Admitted

Hearing date
Aug 26, 2026
Department
16
Prevailing
Plaintiff

Motion type

Browse all Motion to Compel Discovery rulings statewide →

Parties

PlaintiffWells Fargo Bank, N.A.
DefendantYvonne Trigos

Attorneys

Pearse F. Earlyfor Plaintiff

Ruling

9:00 25CV465609 Wells Fargo Bank, N.A. Order on Plaintiff Wells Fargo 6 v. Bank’s Motion to deem Plaintiff’s Yvonne Trigos Request for Admissions, Set One, Admitted by Defendant

See Line 6 below for complete tentative ruling.

After the hearing, the Court will prepare and file the formal Order.

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9:00 10

Line 6 Case Name: Wells Fargo Bank, N.A. v. Yvonne Trigos

Case No.: 25CV465609 Plaintiff Wells Fargo Bank, N.A. (“Plaintiff”) moves under Code of Civil Procedure Section 2033.280(b) to deem Plaintiff’s Requests for Admission, Set One (the “RFAs”) admitted by Defendant Yvonne Trigos (“Defendant”). Notice of Motion (the “Motion”) at 1:21-24 (filed: Jan. 23, 2026).

The Motion came on for hearing on August 26, 2026, at 9:00 AM in Department 16. After reviewing all the papers and the record, and giving counsel for all parties the full and fair opportunity to be heard, the Court finds and rules as follows.

Plaintiff served the Requests for Admissions, Set One, on Defendant on November 12, 2025. Declaration of attorney Pearse F. Early In Support of Motion (“Early Decl.”) at ¶ 1 & Exhibit A thereto.

Defendant never responded to the Requests for Admissions, Set One, despite her obligation to respond under Code of Civil Procedure Section 2033.240. Early Decl. at ¶ 2.

Because Defendant failed to respond, Plaintiff now moves for an Order under Code of Civil Procedure Section 2033.280 deeming admitted by Defendant the truth of all matters specified in Plaintiff’s Requests for Admissions, Set One. C.C.P. 2033.280 (b). Plaintiff’s Memorandum of Points & Authorities in Support of Motion at 2:4-7.

The Motion is well supported by the law, well supported by the facts set forth in the Early Declaration, and reasonable in all respects.

Moreover, Defendant has failed to oppose the Motion, which the Court views as Defendant conceding the Motion. D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.; California Practice Guide: Civil Procedure Before Trial ¶ 9:105.10, Ch. 9 at pp. 94-95 (failure to file opposition papers to motion is treated “as an admission that the motion is meritorious”) (Weil & Brown, The Rutter Group, 2025 Ed.); see also Rule of Court 8.54(c): “A failure to oppose a motion may be deemed a consent to the granting of the motion.” CRC Rule 8.54(c).)

Accordingly, the Court GRANTS the Motion in all respects. Specifically, it is hereby ORDERED that the truth of all matters specified in Plaintiff’s Requests for Admissions, Set One, served on Defendant on November 12, 2025, is deemed admitted by Defendant Yvonne Trigos.

SO ORDERED.

Date: August 26, 2026

Vincent I. Parrett Judge of the Superior Court of California, County of Santa Clara

34

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