17-CLJ-04123 CAPITAL ONE BANK (USA), N.A. vs. JEFFREY R. DERE

CAPITAL ONE BANK (USA), N.A. MICHAEL S. HUNT

JEFFREY R. DERE Pro/per

PLAINTIFF’S MOTION FOR ORDER THAT MATTERS IN REQUEST FOR ADMISSION OF TRUTH OF FACTS BE ADMITTED

TENTATIVE RULING:

The Motion to Deem Facts Admitted brought by plaintiff Capital One Bank (USA), N.A. is granted.

This is a collections action subject to Cal. Rules of Court, rule 3.740. Plaintiff served requests for admission on Defendant at his address of record on Oct 25, 2017. When a party fails to respond to requests for admission, a requesting party “may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted…” C.C.P. § 2033.280(b). Failure to respond also “waives any objection to the requests…” C.C.P. § 2033.280(a). Here, Defendant failed to respond to the requests for admission within the required time frame and failed to oppose the present motion. “[F]ailure to oppose a motion may be deemed a consent to the granting of the motion.” See Cal. Rules of Court, rule 8.54(c); Bell v. American Title Ins. Co. (1991) 226 Cal.App.3d 1589, 1602.