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Notice Of Motion To Have Request For Admissions, Set One Deemed Admitted, And Request For Sanctions
Matter on Calendar for Friday, August 8, 2025, Line 1, DEFENDANTS ELIZABETH POE-ABAD, FAITH FIRST BANCORP, INC.'S Motion To Have Request For Admissions, Set One Deemed Admitted, And Request For Sanctions.
Moving party Elizabeth Poe-Abad's and Faith First Bancorp's Inc. motion for a deemed-admitted order is granted. The court grants the sanctions request in part. The court exercises its discretion to consider plaintiff Kenneth Williams's late-filed opposition.
Moving parties seek an order that the matters specified in their requests for admission, served on June 4, 2025, be deemed admitted because Williams has not yet responded. Code of Civil Procedure section 2033.280(c) requires the court to enter this order. Williams's opposition recites that he does not have counsel and would like more time to complete discovery, but acknowledges that he has not responded to this discovery. Moving parties are therefore entitled to the deemed-admitted order they seek as a matter of law.
Code of Civil Procedure section 2033.280(c) further requires the court to impose a monetary sanction on Williams. Again, this relief is mandatory: the statute says, "It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion." (CCP 2033.280(c).) The court in the exercise of its discretion in light of all the circumstances sets the sanction at $50. Williams shall pay this amount to Poe-Abad and Faith First Bancorp within 30 days of entry of this order.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/CVA) | |