Asset Capital Recovery Group LLC vs Guerra

Note: This tentative ruling corrects a typographical error in previous ruling. The unopposed motion for judgment on the pleading, filed by plaintiff Asset Capital Recovery Group, LLC, is denied. Plaintiff appears to rely entirely on the fact that plaintiff's requests for admissions were deemed admitted. This is not accurate. See ROA # 16. The Court did not adopt its tentative ruling, which had tentatively granted the unopposed motion to deem matters admitted. The fact that counsel proceeded with this motion, and continued to assert something it was informed was inaccurate, appears to be a clear violation of counsel's ethical obligations. See Rules of Prof. Conduct, rule 3.3; see also Bus. & Prof. Code § 6068(d). The Court specifically informed plaintiff's counsel that plaintiff's Notice of Ruling as to the 11/2/18 hearing was inaccurate. ROA # 27. The Court further made clear that to the extent plaintiff's motion for judgment on the pleading relied entirely on the ruling on the r........