2017-00218702-CU-BT

CBR-Buyrite, Inc. vs. Emile Rue

Nature of Proceeding: Motion to Deem Matters Admitted

Filed By: Barrett, David S.

** If any party requests oral argument, then the hearing will take place at 9:00 AM in this department on Wednesday, March 14, 2018 . If this date is inconvenient for the parties, they shall meet and confer regarding a mutually convenient date and call the clerk in Department 54 by no later than 4:00 p.m on Monday, March 12, 2018 to notify the clerk of the new date. Any request for oral argument must still be made Monday, March 12, 2018, 4:00 p.m. (See Local Rule 1.06.) **

Plaintiff’s motion to deem admitted those matters specified in its requests for admissions to defendant Benjamin Rue is UNOPPOSED and is GRANTED.

The notice of motion does not provide the correct address for Dept. 53/54.

Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4), especially since it appears this action was not actually commenced 8/31/2017 but rather on 9/6/2017.

Although the notice of motion provided notice of the Court’s tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018.

Plaintiff is awarded mandatory monetary sanctions under Code of Civil Procedure §2033.280(c) in the amount of $300, representing one hour of attorney time plus the $60 filing fee. Sanctions to be paid by defendant Benjamin Rue no later than 4/16/2018 and if not paid by that date, plaintiff may prepare for the Court’s signature a

formal order granting the sanctions, which may then be enforced as a separate judgment against defendant Benjamin Rue. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)