Lawzilla Additional Information:
Per the San Mateo court records defendant is represented by attorney Michael Fabrega. It is our understanding the below tentative ruling was affirmed as the final order.

CIV538117 GREGORY & TRACEY AGUILAR VS. UNION METAL CORP, ET AL.

UNION METAL CORPORATION ROSS E. LAMPE

GREGORY AGUILAR CHRISTOPHER B. DOLAN

MOTION TO COMPEL

TENTATIVE RULING:

The motion to compel further responses is denied as to all requests.

The Requests at issue ask Plaintiff to admit that her verified responses to RFA Set One are true. This is not a proper use of discovery. Since the responses to RFAs in Set One were verified, they constitute judicial admissions; they already admit what Set Two asks to be admitted: that a reasonable inquiry was made and Plaintiff lacks sufficient information to admit or deny the requests. Plaintiff’s responses to Set One serve the same purpose as admissions to Requests 9 through 40 in Set Two would serve.

Defendant argues that the verified responses to Set One do not have the same evidentiary value as would admissions to Set Two. Defendant cites no authority to support that contention. Further, admissions to the Requests in Set Two would not dispose of any cause of action. For example, an admission that Plaintiff “made a reasonable inquiry concerning whether a cause of action is without merit” would establish only that Plaintiff made a reasonable inquiry about the cause of action, but not that the cause of action lacks merit.

Similarly, an admission that Plaintiff “lacks sufficient information to admit or deny that a cause of action has no merit” would not establish that Plaintiff lacks sufficient information to prove her case, but only to “admit or deny that the cause of action is without merit.”

Admissions to Set Two do not bring Defendant any closer to summary judgment than Plaintiff’s verified responses to Set One.

Plaintiff’s request for sanctions is granted in the amount of $1,600.00. Defendant Ameron Pole Products shall pay a monetary sanction of $1,600.00 to Plaintiff Tracey Aguilar, no later than March 16, 2018, or one week after service of written notice of this order, whichever date is later.