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Tentative Ruling: Dominique Perrell vs Antoinette Perrell et al

Case Number

23CV04285

Case Type

Civil Law & Motion

Hearing Date / Time

Mon, 04/08/2024 - 10:00

Nature of Proceedings

Motion: Admissions

Tentative Ruling

Plaintiff served Requests for Admissions, Set One, upon defendant by certified mail on December 28, 2023. When responses to the requests were not timely served by defendant, plaintiff filed the current motion to have the matters set forth in the requests deemed to have been admitted by defendant. The motion also seeks sanctions of $1,440.00, for the expenses incurred by plaintiff in making the motion. Defendant has not opposed the motion.

If verified responses to the requests for admissions are provided to plaintiff’s counsel by defendant prior to the hearing on the motion, the motion will be denied.

If, however, verified responses to the requests for admissions are not provided to plaintiff’s counsel by defendant prior to hearing on the motion, the motion will be granted.

Whether or not verified responses are provided prior to the hearing on the motion, Code of Civil Procedure section 2033.280(c) makes mandatory an award of sanctions against the party whose failure to respond gave rise to the motion for deemed admissions. The Court will order defendant to pay to plaintiff sanctions in the total amount of $1,440.00.

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