17-CIV-00608 MAGDALENE TIAPULA vs. KATHLEEN A. WALL, et al.

KATHLEEN A. WALL ALEXANDER M. WEYAND

MAGDALENE TIAPULA R. ROBERT MONTERROSA

MOTION FOR ORDER DEEMING REQUESTS FOR ADMISSIONS ADMITTED.

· GRANTED. Defendants Kathleen A. Wall, et. al.’s Motion To Have Requests For Admission, Set One, Deemed Admitted is GRANTED. The genuineness of any documents and the truth of any matters called for in said Requests For Admission are deemed Admitted.

· This is a professional errors & omissions claim made against Defendant real estate agents and others arising from a real estate listing. The complaint alleges that plaintiff contacted defendants for help in selling her home to avoid foreclosure. Plaintiff contends that defendants delayed listing the property, despite agreeing to act immediately, and, acting in conflict of interest, made false representations to induce her to accept an offer from a potential buyer also represented by defendants.

· In this motion, defendants seek an order deeming facts in requests for admission to be admitted. On November 27, 2017, defendants served plaintiff with requests for admission. To date, no responses have been received. Consequently, CCP 2033.280(b) permits the court to enter an order deeming the facts in the requests to be admitted.

· Plaintiff erroneously invokes CCP, Section 473 on grounds that the failure to make a timely response was through mistake or excusable neglect. However, Section 473 does not provide relief for failure to respond to requests for admission. And, Plaintiff has not complied with the applicable procedure as required in CCP, Section 2033.280 (b). See Demyer v. Costa Mesa Mobile Home Estates (4th Dist. 1995) 36 Cal. App.4th 393, at 395-396. No proposed responses have been lodged with the Court.

· The request for sanctions is denied for failure to provide information sufficient for the Court to determine whether the amount requested is reasonable. CCP §2023.030(a).