Case Number: TC028467 Hearing Date: December 19, 2019 Dept: A

#14. Narciso Ramirez v. Diana Jimenez, et al.

Case No.: TC028467

Matter on calendar for: Motion to Deem Requests for Admission as Admitted (x2)

Tentative ruling:

Background

This is a quiet title action. Plaintiff Narciso Ramirez alleges that his signature was forged on a deed transferring 2709 Norton Avenue, Lynwood, California 90262 to defendant Gilberto Quazada. Defendants Diana Jimenez and Olga Jimenez allegedly induced the transfer fraudulently.

Plaintiff now moves to deem his Requests for Admission as admitted against Defendants Diana Jimenez and Olga Jimenez, who are self-represented. The motions are unopposed.

Standard

“ ‘Requests for admission . . . are primarily aimed at setting at rest a triable issue so that it will not have to be tried. Thus, such requests, in a most definite manner, are aimed at expediting trial.’ [Citation.]” (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 774–775.) Under Code of Civil Procedure § 2033.280(d), if a party fails to timely respond to requests for admission, the propounding party may move for an order deeming the matter admitted. (Id. at 775.) “The court must also impose monetary sanctions upon the party and/or the attorney for the failure to serve a timely response to the RFAs. [C.C.P., § 2033.280(c).]” (Ibid.) If the responding party serves its responses before the hearing the court must deny the motion. (Ibid.) “ ‘But woe betide the party who fails to serve responses before the hearing. In that instance the court has no discretion but to grant the admission motion, usually with fatal consequences for the defaulting party.’ [Citation.]” (Ibid.)

Analysis

Accompanying the two motions are proofs of service and declarations from Plaintiff’s counsel attesting to the lack of response.

The motions to deem the request for admissions, Set One, as admitted are granted. A monetary sanction of $100 each is assessed.

Ruling

The motions to deem the requests for admission as admitted are granted. Defendants Diana Jimenez and Olga Jimenez are each sanctioned $100.