Motion to Deem Request for Admissions Admitted
24CV015411: BATKA vs BARRIE, et al. 01/26/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 28
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Allan D. Hardcastle (Ret.) presiding.
Any party who wishes to contest the tentative ruling below must:
(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail message (a) identifying themselves as the party requesting oral argument; (b) indicating the specific matter/motion for which they are requesting oral argument; and (c) confirming that they have notified the opposing party of their intention to appear; and
(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.
If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.
The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:
https://saccourt-ca-gov.zoomgov.com/my/sscdept28
SIP Address:
16039062174@sip.zoomgov.com
(833) 568-8864
24CV015411: BATKA vs BARRIE, et al. 01/26/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 28
ID: 16039062174
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING
Plaintiff Rudy Batkas (Plaintiff) motion to have requests for admission deemed admitted against Defendant in pro per Jade Barrie (Barrie) is UNOPPOSED but is DENIED WITHOUT PREJUDICE.
Plaintiffs counsels declaration does not include any of the exhibits identified therein, including the subject requests for admission. Regarding service of the admissions, Plaintiffs counsels declaration states: Attached hereto as Exhibit A is a true and correct copy of Plaintiffs Requests for Admission, Set One, including the proof of service dated June 20, 2025. (Boggus Decl., ¶ 5.) Since no additional information is provided in the declaration regarding service of the requests, and since the requests themselves are not attached to the declaration, the evidence is insufficient for the Court to conclude that the requests were properly served on Barrie.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. § 1019.5; Cal. Rules of Court, rule 3.1312.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV015411: BATKA vs BARRIE, et al. 01/26/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 28