Motion for Order Deeming the Truth of the Matters Specified in Plaintiff’s Request for Admissions as Admitted
25CV015333: WELLS FARGO BANK, N.A. vs LEE, AN INDIVIDUAL 03/03/2026 Hearing on Motion for Order Deeming the Truth of the Matters Specified in Plaintiff's Request for Admissions as Admitted in Department 53
Tentative Ruling
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver
25CV015333: WELLS FARGO BANK, N.A. vs LEE, AN INDIVIDUAL 03/03/2026 Hearing on Motion for Order Deeming the Truth of the Matters Specified in Plaintiff's Request for Admissions as Admitted in Department 53
and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING: *** The Court finds in its file no proof of service demonstrating plaintiffs service of the Notice of Disclosure issued on 2/6/2026, despite being directed to serve all other parties with the Notice of Disclosure forthwith. Plaintiff is directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***
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.
The notice of motion also does not provide the correct address for this Courts Dept. 53/54.
The moving declaration by Attorney Lopez and the proposed order fail to comply with CRC Rule 3.1110(b)(1) and (3)-(4).
Plaintiffs motion to deem admitted those matters specified in its requests for admissions to defendant in pro per Lee is UNOPPOSED and is GRANTED unless defendant in pro per Lee 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).)
Plaintiff did not request an award of (mandatory) monetary sanctions under Code of Civil Procedure §2033.280(c) and thus, no sanctions are awarded here.
The Court declines to sign the proposed order submitted with the moving papers given that it remains undetermined whether defendant Lee has served or will serve before the hearing on the motion proposed responses that are in substantial compliance with Code of Civil Procedure §2033.220. Further, given that §2033.280(c) allows service of substantially code-compliant responses (to avoid admissions) as late as any time before the hearing, the Courts ruling on this motion need not at this time make a finding regarding substantial compliance if such responses are in fact served. No further order in this regard is necessary at this time.
Moving party to provide notice of this ruling and file proof of service of same
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV015333: WELLS FARGO BANK, N.A. vs LEE, AN INDIVIDUAL 03/03/2026 Hearing on Motion for Order Deeming the Truth of the Matters Specified in Plaintiff's Request for Admissions as 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.)