Wells Fargo Bank NA vs Walter S Aguirre

Case Number

25CV00513

Case Type

Hearing Date / Time

Wed, 07/30/2025 - 10:00

Nature of Proceedings

Motion: Deem RFA Admitted

Tentative Ruling

Issue

This is an unopposed motion to deem matters admitted.

Ruling

Unless Defendant Aguirre appears at the hearing and provides proof of service of responses to the requests for admission as provided by Code of Civil Procedure sections 2033.220 and 2033.280, subdivision (c), the Court will grant the motion and deem the matters set forth in Plaintiff’s first set of requests for admissions admitted. Although an award of monetary sanctions is authorized as mandatory under section 2033.280, subdivision (c), Plaintiff has not requested sanctions and so no sanctions are awarded.

Analysis

Self-represented Defendant Walter S. Aguirre was served with Plaintiff Wells Fargo Bank’s first set of requests for admissions by mail on March 10, 2025. (Early decl., ¶ 1 & exhibit A.) Responses were due on April 14, 2025, but no responses were, or have been since, served. (Early decl., ¶ 2.) “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

“(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). …. [¶] … [¶]

“(b) The 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, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).

“(c) The Court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the Court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subds. (a), (b), (c).)

Plaintiff served, by U.S. mail, this motion to deem matters admitted on May 30, 2025, and filed this motion on June 4, 2025. No opposition or other response to the motion has been filed.

Counsel for Plaintiff submits on the moving papers without an appearance. (Notice, at p. 2; see Cal. Rules of Court, rule 3.1304(c).)