Marcus E vs David Ellinwood et al
Marcus E vs David Ellinwood et al
Case Number
22CV05139
Case Type
Hearing Date / Time
Wed, 02/28/2024 - 10:00
Nature of Proceedings
Defendant David Ellinwood’s Motion for Deemed Admissions
Tentative Ruling
Plaintiff is self-represented.
Defendant David Ellinwood by Miguel Avilla
Defendant County of Santa Barbara by Sean Andrade
Issue
Defendant David Ellinwood’s Motion for deemed admissions.
Ruling
Defendant David Ellinwood served Requests for Admissions (Set 1) upon Plaintiff Marcus Ellinwood on November 6, 2023. Plaintiff failed to provide responses to the requests, either by their due date or at all. Defendant has now moved to have the matters set forth in the requests deemed admitted and seeks sanctions of $810.00 against Plaintiff for necessitating the filing of the motion. Plaintiff has not opposed the motion.
If Plaintiff provides verified responses to the Requests for Admissions (Set 1) to Defendant Ellinwood prior to the time of the hearing on this motion, the motion for deemed admissions will be denied.
If Plaintiff fails to provide verified responses to Defendant Ellinwood prior to the time of the hearing on this motion, the motion for deemed admissions will be granted.
Pursuant to the terms of Code of Civil Procedure section 2033.280(c), an award of sanctions is required whether or not Plaintiff timely provides verified responses. Consequently, the Court will order Plaintiff to pay sanctions to Defendant Ellinwood in the amount of $810.00.