Wells Fargo Bank NA v. Erren C. Franklin

Case Number

24CV07326

Case Type

Hearing Date / Time

Wed, 12/03/2025 - 10:00

Nature of Proceedings

This is a motion to deem matters admitted filed on November 10, 2025, that the Court advanced to this hearing date by ex parte order dated November 14, 2025.

Tentative Ruling

For Plaintiff Wells Fargo: Pearse F. Early

Defendant Erren C Franklin is self-represented

Ruling

Wells Fargo’s motion to deem requests for admissions admitted is GRANTED. There is an Order in the file that the Court will sign. The Trial date of 12/15/25 at 9am is confirmed, again.

Analysis

The complaint was filed 12/31/24; one cause of action for breach of contract; sought damages of $23,076.69.

On 6/20/25 Defendant filed a general denial.

On 8/27/25 this Court set 12/1/25 at 9 am for trial.

On 11/10/25 Wells Fargo filed a motion to deem requests for admissions admitted.

Supported by the declaration of Pearse F. Early who testifies that On September 5, 2025, his office propounded Requests for Admissions on Defendant. Defendant has failed to serve verified discovery responses.

On 11/14/25 after an ex parte hearing the Court ruled:

“This collections case was filed 12/31/24 and a general denial was filed 6/20/25. On 8/27/25 the case was specially set for a Court trial for 9am on 12/1/25. Damages are $23,076.69. On 9/9/25 Plaintiff served Defendant with Requests for Admissions, Set One. The responses became due thirty-five (35) days later, but no responses have been served upon Plaintiff. On 11/10/25 Plaintiff filed a motion to deem request for admission admitted. The Court now sets 12/3/25 at 10 am as the date and time for the Court to rule on the motion. The trial date is continued to 12/15/25 at 9am. Plaintiff to give notice.”

The Court’s Conclusions

The motion should be granted.