HEARING ON MOTION TO DEEM FACTS AS ADMITTED

FILED BY CAVALRY SPV I, LLC

* TENTATIVE RULING: *

Defendant filed her answer to the complaint on March 13, 2020. Her answer generally admits the allegations in the complaint and contains no statement concerning any affirmative defense she has to any of the allegations in the complaint. As such, the Answer provides the basis for a request for entry for judgment on the pleadings.

On August 7, 2020 the Plaintiff filed a Motion to Deem Facts Admitted. The motion indicated that the Plaintiff had served requests for admissions upon the defendant on or about March 30, 2020. The motion was based on the fact that the Defendant failed to respond to Plaintiff’s requests for admissions within the thirty-five day period required by CCP §2033.250 (30 days

plus 5 days under the mailing rule). On October 19, 2020 Defendant filed an opposition in the form of a Declaration opposing Plaintiff’s motion.

In her declaration, defendant appears to state that s