Rocky Top Rentals, LLC v. Van Norman Erickson, et al.

CASE NUMBER: 25CVG-02320 Tentative Ruling on Motion to Deem Requests for Admissions Admitted: Plaintiff Rocky Top Rentals, LLC seeks an order deeming admitted the truth of matters specified in Plaintiff’s Request for Admissions, Set One, which was served on Defendant Arnold John Erickson by mail on March 11, 2026. The Motion has been properly noticed, and is unopposed.

When a party fails to respond to a request for admission, the requesting party may move for an order deeming the genuineness of documents and the truth of matters specified in the requests admitted. CCP § 2033.280(b). Failure to respond also waives any objections to the discovery propounded. CCP § 2033.280(a). Unlike a motion to compel further responses, a motion to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause or that it satisfied a meet-and-confer requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390. Here, Plaintiff’s moving papers sufficiently demonstrate that the discovery was served by mail and Defendant has failed to respond within the required time frame. The request to deem the matters admitted is granted.

Monetary sanctions are mandatory per CCP 2033.280(c). Plaintiff requests sanctions of $1,685.00 in attorney fees and costs required to bring this Motion. That amount consists of 5 attorney hours at a rate of $325.00 per hour, plus the $60.00 filing fee. The Court finds this amount reasonable and it will be awarded.

Plaintiff’s Motion to Deem Request for Admission, Set One Admitted by Defendant Arnold John Erickson is GRANTED. Sanctions of $1,685.00 are imposed against Defendant Arnold John Erickson and are payable within 30 days of notice of entry of order. A proposed order has been 6

lodged and will be executed.

SIMS VS. C&M OPPORTUNITIES, LLC, ET AL.