Motion to Deem Request for Admissions Admitted
23CV005500: LIBERTY MUTUAL FIRE INSURANCE COMPANY, A CORPORATION vs BROWN, et al. 05/28/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 16C
Tentative Ruling
NOTICE:
Please take notice, Department 54 has moved to Department 16C at the Tani G. Cantil-Sakauye Courthouse. The new courthouse is located at 500 G Street, Sacramento, CA 95814.
TENTATIVE RULING:
Plaintiff Liberty Mutual Fire Insurance Companys (Plaintiff) motion to deem matters admitted against Defendant Eric Brown (Defendant) is UNOPPOSED and DENIED.
The Clerk entered default against Defendant at the request of Plaintiff on October 17, 2023. Plaintiff propounded its requests for admissions on January 22, 2024. (Declaration of Brian Tapper, ¶ 2, Ex. A.) Plaintiff provides the Court with no legal authority indicating that a defaulted party, who is out of court and unable to affirmatively participate in the case, is nevertheless subject to discovery propounded by an opponent. It appears that the law is to the contrary. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 384-386 [defaulted defendant was properly denied the right to take deposition of plaintiffs witness].)
Plaintiffs request for sanctions is denied.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument;
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23CV005500: LIBERTY MUTUAL FIRE INSURANCE COMPANY, A CORPORATION vs BROWN, et al. 05/28/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 16C
and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
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The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
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