If a party to whom requests for admission are directed fails to serve a timely response, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. Code of Civ. Proc., § 2033.280(b). “[A] deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matters contained therein.” Wilcox v. Birtwhistle (1999) 21 Cal.4th 979. 90 Cal.Rptr.2d 260, 987 P.2d 727.
“Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must move for an order.” Weil & Brown, Civ. Proc. Before Trial, ¶ 8:1370. “Under the RFA procedure postdating the Civil Discovery Act, a propounding party must take affirmative steps-by bringing a formal "deemed admitted" motion-to have RFAs to which timely responses are not received deemed admitted.” St. Mary v. Super. Ct. (2014) 223 Cal.App.4th 762, 775–776.
The Court “shall” grant the motion to deem admitted, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” Code of Civ. Proc., § 2033.280(c); Tobin v. Oris (1992) 3 Ca1.App.4th 814, 827. Unverified responses are equivalent to “no responses at all.” Appleton v. Super. Ct. (1988) 206 Cal.App.3d 632, 636.
“If the party manages to serve its responses before the hearing, the court has no discretion but to deny the motion. But woe betide the party who fails to serve responses before the hearing. In that instance the court has no discretion but to grant the admission motion, usually with fatal consequences for the defaulting party. One might call it ‘two strikes and you're out’ as applied to civil procedure.” Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395—396, 42.
It is mandatory that the Court impose a monetary sanction on the party or attorney, or both, whose failure to serve a timely response necessitated the motion. Code of Civ. Proc., § 2033.280(c).
.: 19STCV30261 [TENTATIVE] ORDER RE: MOTION TO COMPEL RESPONSES; MOTION FOR AN ORDER DEEMING ADMITTED TRUTH OF FACTS Date: September 22, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff Luis Calderon The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to be filed and served at least nine court days prior to the hearing. (Code Civ. Proc. § 1005(b).)
Sep 22, 2020
Los Angeles County, CA
Defendant Patrol Masters, Inc.’s unopposed Motion for Order Deeming Admitted Truth of Facts is granted. Defendant’s request for monetary sanctions is granted against plaintiffs Ruby Hunter and Crystal Lewellen, jointly and severally, in the amount of $510, payable within 30 days. Plaintiffs still have not served any responses to the Form Interrogatories or Requests for Admissions, which defendant served on September 10, 2019, and plaintiffs have waived any objections.
Jul 17, 2020
Orange County, CA
Plaintiff’s Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents in Response to Plaintiff’s Requests for Admission, Set Two, Served on Defendant, Izabella Rosalee Chastain; Request for Sanctions is GRANTED in part and DENIED in part. Plaintiff acknowledges in reply that Defendant served responses to Requests for Admission, Set Two, on 4/30/20, after Plaintiff served this motion on Defendant. Reply 2:23-26. Accordingly, an order deeming the requests admitted is not warranted.
Jul 17, 2020
Los Angeles County, CA
Plaintiff’s motion for order deeming admitted truth of facts and genuineness of documents is denied. Plaintiff’s request for sanctions is denied. Plaintiff’s motion to compel responses to requests for production and interrogatories is denied. 6 Plaintiff’s proof of service indicates he mailed his motion to compel responses to RFPs and interrogatories on December 23, 2019, prior to the date he filed his SAC.
Jun 17, 2020
San Luis Obispo County, CA
On August 30, 2019, Plaintiff filed the instant (1) Motion to Compel Responses to Plaintiff’s Form Interrogatories, Set One, and Monetary Sanction (the “Interrogatories Motion”), (2) Motion to Compel Responses to Plaintiff’s Request for Production, Set One, and Monetary Sanction (the “Production Motion”), and (3) Motion for Order Deeming Admitted Truth of Facts and Imposing Monetary Sanction (the “RFA Motion”) (collectively, the “Motions”).
Mar 09, 2020
Collections
Promisory Note
James E. Blancarte
Los Angeles County, CA
Plaintiff Jose Garcia’s Motion for Orders Deeming Admitted Truth of Facts and Genuineness of Documents is denied, because defendant served responses before the hearing. CCP §2033.280(c). However, defendant’s failure to serve timely responses waived its objections as a matter of law. CCP §2033.280(a). Plaintiff’s request for monetary sanctions against defendant Philadelphia Indemnity Insurance Company is granted in the amount of $1,860, payable within 30 days.
Feb 28, 2020
Orange County, CA
Plaintiff Kristen Askew’s motions for order deeming admitted truth of facts and genuineness of documents is GRANTED. Plaintiff Kristen Askew (“Plaintiff”) moves for an order deeming its requests for admission (set no. 1), propounded on Defendant On Time Oil, LLC (“Defendant”), admitted pursuant to CCP § 2033.280.
Feb 18, 2020
Employment
Other Employment
Los Angeles County, CA
(1) MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES – GENERAL AND FOR THE IMPOSITION OF MONETARY SANCTIONS; (2) MOTION FOR AN ORDER DEEMING ADMITTED TRUTH OF FACTS AND GENUINENESS OF DOCUMENTS AND IMPOSING MONETARY SANCTION MOVING PARTY: Plaintiff Ali Khan RESPONDING PARTY(S): No opposition on eCourt as of February 4, 2020.
Feb 07, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Tentative ruling for January 22, 2020 on Plaintiff Kyle of the House Perez's motion for order deeming admitted truth of facts and imposing monetary sanctions. The court denies, without prejudice, Plaintiff Kyle of the House Perez's motion for order deeming admitted truth of facts and imposing monetary sanctions. In order to be heard on 1/22/20, Plaintiff would need to have served the moving papers on defendant no later than 12/22/19.
Jan 22, 2020
Ventura County, CA
For general information regarding Judge DeNoce and his courtroom rules and procedures, please visit: http://www.denoce.com _____________________________________________ The court's tentative ruling is as follows: The court intends to grant Plaintiff Cavalry SPV I LLC's motion for an order deeming admitted truth of facts and imposes sanctions in the amount of 4260.00 payable by February 15, 2020.
Jan 22, 2020
Ventura County, CA
Plaintiff Guadalupe Castaneda’s motion for order deeming admitted truth of facts is DENIED. Mandatory sanctions in the amount of $500 are ordered against Defendant American Honda Motor Company. Plaintiff Guadalupe Castaneda (“Plaintiff”) moves for an order deeming its Requests for Admission (Set 1), propounded on Defendant American Honda Motor Company (“Defendant”) admitted pursuant to Code of Civil Procedure section 2033.280.
Jan 08, 2020
Contract
Breach
Los Angeles County, CA
Plaintiff’s motion for order deeming admitted truth of facts and genuineness of documents is GRANTED. Plaintiff moves for an order deeming its requests for admission (sets 1 and 2), propounded on Defendant admitted pursuant to section 2033.280.
Nov 26, 2019
Collections
Collections
Los Angeles County, CA
MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS IN REQUEST FOR ADMISSIONS, SET ONE, SERVED ON DEFENDANT AND CROSS-COMPLAINANT JOSE LUIS ACOSTA; REQUEST FOR AN AWARD OF SANCTIONS IN THE SUM OF $760.00 MOVING PARTY: Plaintiff/Cross-Defendant State Farm Mutual Automobile Insurance Company RESPONDING PARTY(S): Defendant/Cross-Complainant Jose Luis Acosta STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff insurance company alleges that its insured defendants and defendant claimant misrepresented the circumstances
Nov 22, 2019
Insurance
Intellectual Property
Los Angeles County, CA
Shea Construction, Inc.’s motion for order deeming admitted truth of facts is GRANTED. Plaintiff J.F. Shea Construction (“Plaintiff”) moves for an order deeming its Requests for Admission (Set Two) propounded on Defendant admitted pursuant to Code of Civil Procedure section 2033.280.
Nov 18, 2019
Los Angeles County, CA
Shea Construction, Inc.’s motion for order deeming admitted truth of facts is GRANTED. Plaintiff J.F. Shea Construction (“Plaintiff”) moves for an order deeming its Requests for Admission (Set Two) propounded on Defendant admitted pursuant to CCP § 2033.280.
Nov 18, 2019
Los Angeles County, CA
Hearing Date: November 15, 2019 Moving Parties: Cross-complainant Destyn Rickman Responding Party: None (1) Motion to Compel Responses to Form Interrogatories, Set One (2) Motion to Compel Responses to Requests for Production of Documents, Set One (3) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED.
Nov 15, 2019
Real Property
Quiet Title
Los Angeles County, CA
Motion “to Compel Response to Form Interrogatories”; Motion “for Order Deeming Admitted Truth of Facts” TENTATIVE RULING Plaintiffs’ “motion to compel responses to form interrogatories” and “motion for order deeming admitted truth of facts and genuineness of documents” are denied. The court treats Plaintiffs’ motions as motions to compel further responses. (See, Austin v. Los Angeles Unified Sch.
Nov 14, 2019
Solano County, CA
ANALYSIS Defendant Advantage One Escrow, Inc.’s motion for order deeming admitted truth of facts is GRANTED. Sanctions awarded to Defendant in the adjusted reasonable amount of $700.00. Defendant Advantage One Escrow, Inc. (“Defendant”) moves for an order deeming its requests for admissions (set one), propounded on Plaintiff Burnadette Atienza (“Plaintiff”), admitted pursuant to CCP § 2033.280.
Nov 05, 2019
Collections
Collections
Los Angeles County, CA
REVISED AS OF 4:00 P.M. 9/24/19 MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS IN REQUEST FOR ADMISSIONS, SET ONE, SERVED ON DEFENDANT AND CROSS-COMPLAINANT JOSE LUIS ACOSTA; REQUEST FOR AN AWARD OF SANCTIONS IN THE SUM OF $760.00 MOVING PARTY: Plaintiff/Cross-Defendant State Farm Mutual Automobile Insurance Company RESPONDING PARTY(S): Defendant/Cross-Complainant Jose Luis Acosta STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff insurance company alleges that its insured defendants and defendant
Sep 25, 2019
Insurance
Intellectual Property
Los Angeles County, CA
Plaintiff Lepe’s motion for order deeming admitted truth of facts is GRANTED. Sanctions awarded to Plaintiff in the adjusted reasonable amount of $300.00. Plaintiff Felimone Lepe (“Plaintiff”) moves for an order deeming request for admission no. 21, propounded on Defendant Farzad Fazili (“Defendant”), admitted pursuant to CCP § 2033.280.
Sep 10, 2019
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Plaintiff’s Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents is GRANTED. Defendant Ephatha Art Gallery has failed to serve timely responses, or proposed responses to the requests for admission that are in substantial compliance with Section 2033.220 prior to the hearing on this motion.
Sep 06, 2019
Los Angeles County, CA
and (5) The Court’s Order granting Plaintiff’s Motion for Deeming Admitted Truth of Facts and Genuiness of Documents and Imposing Monetary Sanctions, dated June 22, 2018.
Sep 06, 2019
Personal Injury/ Tort
Fraud
Los Angeles County, CA
.: TC029156 Matter on calendar for: Motion to Deem Admitted Truth of Facts and for Monetary Sanctions Tentative ruling: Background Plaintiff Maria Rocha allegedly hired Defendants Tony’s MHS, Inc., and Ronald Zablan, erroneously sued as Ronald Nabuau, to work on her mobile home. Although Rocha paid the Defendants, they did not perform their alleged obligations under the contract. Zablan is self-represented.
Sep 05, 2019
Real Property
other
Salvatore Sirna or Gary Y. Tanaka
Los Angeles County, CA
Plaintiff’s Two (2) Motions to Compel Discovery Responses to Request for Production of Documents; Request for Sanctions and for an Order Deeming Admitted Truth of Facts; Request for Sanctions are TAKEN OFF CALENDAR. Plaintiff did not attach a proof of service showing that the motions were timely served on Defendant. Moving party is ordered to give notice.
Sep 04, 2019
Los Angeles County, CA
Plaintiff Cavalry SPV I, LLC's unopposed motion for an order deeming admitted truth of facts in plaintiff's request for admissions directed to defendant Liliana Sanchez is granted.
Aug 22, 2019
Collections
Collections
San Diego County, CA
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