Casey, Michael P v. Patrick, Sean

truth of any matters specified in the requests be deemed admitted.” Unless the responding party serves responses, without objection and complies with the requirements set forth in Section 2033.220, prior to the hearing, [i]t 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.) Code Civ. Proc., § 2033.280 (c).

Defendant did not file an opposition.

Plaintiff’s unopposed motion to deem admitted plaintiff’s requests for admissions, set one, is granted. (Code Civ. Proc., § 2033.280 (b).) Defendant is deemed to have admitted the matters set forth in plaintiff’s requests for admissions, set one.

3. M-CV-0096457 D'Amico, Amanda v. Yonko, Jacob

Defendant is advised the notice of motion must include notice of the court’s tentative ruling procedures. (Local Rule 20.2.3(C).)

Demurrer to the First Amended Complaint (“FAC”)

Defendant Nancy Johnson demurs to the complaint in this unlawful detainer action. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., § 430.10, subds. (e), (f).) A pleading is “uncertain” if it is ambiguous and unintelligible. (Id. at subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.)

The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that are subject to judicial notice. (Rea v. Blue Shield of California (2014) 226 Cal.App.4th 1209, 1223.)

Defendant does not challenge any particular portion of the FAC, just that it is deficient, uncertain, and fails to state a cause of action for unlawful detainer. The court has carefully reviewed the FAC and the exhibits thereto. The court finds the FAC alleges facts sufficient to support a cause of action for unlawful detainer. The demurrer to the FAC is overruled.

Defendant shall file and serve an answer by May 11, 2026.

4. S-CV-0046823 Casey, Michael P v. Patrick, Sean

The motion to correct clerk’s record after transfer is continued to be heard on May 12, 2026 at 8:30 a.m. in Department 42 to be heard together with another motion.

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