Motion to Deem Request for Admissions Admitted
24CV023959: BURKE, et al. vs PACIFIC MODERN HOMES, INC., et al. 02/05/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 53
Tentative Ruling
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24CV023959: BURKE, et al. vs PACIFIC MODERN HOMES, INC., et al. 02/05/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 53
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TENTATIVE RULING:
The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a), requiring the moving party to state the grounds for the motion presented.
Plaintiff in pro per Gregory Burkes motion to deem admitted those matters specified in his requests for admissions to defendant Ludwick Construction, LLC is UNOPPOSED and is GRANTED unless defendant Ludwick Construction, LLC serves before the hearing on the motion proposed responses that are in substantial compliance with Code of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).)
As noted in the Courts 1/22/2026 Minute Order on plaintiffs motion for issue sanctions as against defendant Ludwick Construction, LLC for the latters failure to comply with the Courts 8/7/2025 order compelling further responses to form interrogatories, Ludwick Construction, LLC may not represent itself in this suit. A corporate entity, such as Ludwick Construction, LLC, may not appear in pro per or be represented by someone who is not an attorney licensed under California law. (See, e.g., CLD Construction, Inc. v.
City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 [[A] corporation, unlike a natural person[,] cannot represent itself in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be represented by licensed counsel ].)) Therefore, to the extent Ludwick Construction, LLC seeks to serve before the hearing on the motion substantially compliant proposed responses so as to avoid deemed admissions, such responses can only be prepared and served by licensed California legal counsel appearing on behalf of the LLC.
Although Code of Civil Procedure §2033.280(c) provides for an award of mandatory monetary sanctions, such sanctions are not awarded here because (1) the Notice of Motion does not comply with Code of Civil Procedure §2023.040 [requiring the moving party to identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought]; (2) the moving declaration by plaintiff in pro per Burke fails to attest to incurring any attorney fees or costs in connection with this motion; (3) a party acting in pro per is generally not entitled to recovery attorney fees; and (4) the moving plaintiff did not pay any filing fee for this motion.
Moving party to provide notice of this ruling and file proof of service of same
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV023959: BURKE, et al. vs PACIFIC MODERN HOMES, INC., et al. 02/05/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 53
within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)