ASHLEY SHAH v. NITIN SHAH, ET AL

Defendant Nitin Shah filed a motion to deem the truth of matters specified in Requests for Admission Set One, against Defendant Fareed Himmati. Defendant Shah has also requested sanctions. Notice was provided to Defendant Himmati and no opposition was filed. The parties appeared on August 26, 2026, and the Court continued this hearing as no tentative was posted on this particular motion. A failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal. Rules of Court, rule 8.54, subd. (c).) Failure to oppose a motion may also lead to the presumption that [plaintiff] has no meritorious arguments. (See Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal. App. 3d 481, 489, disapproved of by Garcia v. McCutchen (1997) 16 Cal.4th 469, on other grounds.)

The Court grants Defendant’s motion in light of the non-opposition and orders that the truth of matters specified in the Requests for Admission be deemed admitted. Additionally, monetary sanctions shall be ordered in favor of Defendant Nitin Shah and against Defendant Himmati in the order of $1,775 to be paid within 30 days of service of this order.

All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B) to contest the tentative decision. Parties who request oral argument are required to appear in person or remotely by ZOOM. Regardless of whether a party requests oral argument in accordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with the announced ruling as required by Marin County Superior Court Local Rules, Rule 2.11.

The Zoom appearance information for September, 2026 is as follows: https://marin-courts-ca-gov.zoomgov.com/j/1615487764?pwd=Ob4B5J7LLKcpnkxzJjjEOSHNzEGafG.1

Meeting ID: 161 548 7764 Passcode: 502070

If you are unable to join by video, you may join by telephone by calling (669) 254-5252 and using the above-provided passcode. Zoom appearance information may also be found on the Court’s website: https://www.marin.courts.ca.gov