Denied. There insufficient evidence of a failure to prosecute. The moving parties have failed to demonstrate the claims are a sham and that there are no other litigation- related grounds for dismissal. Additionally, the actions of the Moore do not demonstrate a lack of reasonable diligence. There is no showing that the claims in the Moore Action lack merit. The admissions of another defendant in the St. James Action cannot be used against them to demonstrate they have no claims because the responses and admissions were not by them. (Code Civ. Proc., § 2033.410(a) [admissions binding on “the party making the admission in the pending action.”].) Similarly, the ruling on a motion for judgment on the pleadings is not determinative as to the Moore parties. The granting of an injunction in the St. James Action, cannot be used to demonstrate that the claims of the Moore parties are a sham. (Yee v. American Nat’l Ins. Co. (2015) 235 Cal.App.4th 453, 458 [“the order for a preliminary injunction