Tentative Ruling on Renewed Motion for Deemed Admissions
Cavalry SPV v. Gonzalez, Case No. 2019-52000
Jan. 8, 2021, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This limited jurisdiction collection action, in which about $5,550 is in issue, was filed in October 2019. Defendant answered in January 2020, and the case was later transferred to Dept. 72. ROA 10, 13. The debt relates to a Macy's credit card. The answer is not just a general denial; it is more of a narrative and raises several issues.
Discovery then commenced. Plaintiff served a set of requests for admission, to which defendant failed to respond. Plaintiff now moves for an order deeming said requests for admission admitted. ROA 28-29, 31. This is actually plaintiff's second attempt to obtain the requested relief; the first motion was denied without prejudice due to defective filing and service. ROA 20. There is no timely opposition.
Trial is scheduled for March 2021. ROA 23.
2. Standard on Motion to Deem Req
Hearing Date
January 04, 2021
Type
Rule 3.740 Collections
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Tentative Ruling on Renewed Motion for Deemed Admissions
Cavalry SPV v. Gonzalez, Case No. 2019-52000
Jan. 8, 2021, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This limited jurisdiction collection action, in which about $5,550 is in issue, was filed in October 2019. Defendant answered in January 2020, and the case was later transferred to Dept. 72. ROA 10, 13. The debt relates to a Macy's credit card. The answer is not just a general denial; it is more of a narrative and raises several issues.
Discovery then commenced. Plaintiff served a set of requests for admission, to which defendant failed to respond. Plaintiff now moves for an order deeming said requests for admission admitted. ROA 28-29, 31. This is actually plaintiff's second attempt to obtain the requested relief; the first motion was denied without prejudice due to defective filing and service. ROA 20. There is no timely opposition.
Trial is scheduled for March 2021. ROA 23.
2. Standard on Motion to Deem Req