The Jean Michele Cross Revocable Trust v Four P’s Group LLC et al

Case Number

23CV02092

Case Type

Hearing Date / Time

Wed, 01/31/2024 - 10:00

Nature of Proceedings

Motion to Compel

Tentative Ruling

Plaintiff: Paul Gignac

Defendant: Jeff Handy - Pro Per

Issue

Motion to Compel

Ruling

This is a motion for deemed admissions against a party who is in Pro Per.

On November 17, 2023, Plaintiff electronically served upon Defendant Jeffrey Handy Requests for Admissions (Set 1). No responses to the requests have ever been provided by Defendant.

Plaintiff has now moved for an order deeming admitted the matters set forth in the Requests for Admissions (Set 1), also seeking sanctions of $3,000 for bringing the motion. Defendant has not opposed or responded to the motion.

If Defendant Handy serves Plaintiff with verified responses to the Requests for Admissions (Set 1) prior to the date and time of the hearing on this motion, the motion for deemed admissions will be denied.

If Defendant Handy fails to serve Plaintiff with verified responses to the Requests for Admissions (Set 1) prior to the date and time of the hearing on this motion, the motion for deemed admissions will be granted.

Regardless of whether the motion for deemed admissions will be granted or denied, Code of Civil Procedure section 2033.280 make mandatory an award of sanctions against the party whose failure to serve timely responses necessitated the motion. Consequently, the Court will award sanctions of $3,000 against Defendant Handy, payable to Plaintiff for having been required to file the current motion.

Confirmed Dates

MSC 4/12/2024; CMC 4/24/2024; Trial 5/8/2024