LORAN SIMON VS. TODD BRABEC ET AL

Set for Law and Motion/Discovery on Thursday, June 5, 2025 Line 4, 1-PLAINTIFF LORAN SIMON's Motion To Compel Defendant 426 Fillmore Associations Further Responses To Plaintiffs Requests For Admission, Set One, And Request For Sanctions.

Plaintiff's motion to compel further response Defendant 426 Fillmore Association to requests for admission is DENIED.

Answers to RFAs are to be "as complete and straightforward as the information reasonably available. . . permits." (Code of Civil Procedure section 2033.220(a).) When the response is an answer to the substance of the request, the answer must: (1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. (Code of Civil Procedure section 2033.220(b).)

"On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (1) An answer to a particular request is evasive or incomplete. (2) An objection to a particular request is without merit or too general." (Code of Civil Procedure section 2033.290(a).)

The following RFAs are not proper and, therefore, the court will not compel further responses: ## 1, 2. Requests to "admit" legal conclusions are not proper.

Defendant's responses to the following RFAs are Code-compliant: ## 3, 4, 5. 6, 7, 8. 9, 10, 11.

Defendant's objection to the Request for Genuineness #1 is sustained; Plaintiff did not demonstrate compliance with Code of Civil Procedure section 2033.060(g).)

Plaintiff's requests for sanctions is denied.

Plaintiff's request for judicial notice is granted.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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 contestdept302tr@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 Defendant is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion 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/JMQ) | |