Motion to Deem Request for Admissions Admitted
24CV019993: MCKAGUE LAW GROUP, PC vs SHIRLEY 07/16/2025 Hearing on Motion to Deem Request for Admissions Admitted on Nathan Cole in Department 53
Tentative Ruling
PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 25, located at 720 9th Street, Sacramento, CA, the Hon. Julie G. Yap presiding. Should argument be requested by either party, the requesting party must call the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the hearing, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
At the time of requesting oral argument, the requesting party shall leave a voice mail 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 it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing.
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/sscdept25
SIP Address:
16113421868@sip.zoomgov.com
(833) 568-8864
ID: 16113421868
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 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-
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24CV019993: MCKAGUE LAW GROUP, PC vs SHIRLEY 07/16/2025 Hearing on Motion to Deem Request for Admissions Admitted on Nathan Cole in Department 53
13.Pdf
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
Moving parties are admonished that their notice of motion improperly identifies the Courts location as 313 6th Street. Department 53 is located at 813 6th Street.
Cross-Complainants Lori McCracken, Gary Shirley, and Elaine Shirleys ('Cross-Complainants') motion to deem matters admitted against Cross-Defendant Nathan Cole and request for sanctions (Cross-Defendant') is UNOPPOSED and GRANTED, unless Cross-Defendant, before the hearing on the motion, proposed responses that are in substantial compliance with Code of Civil Procedure section 2033.220. (Code Civ. Proc. § 2033.280(c).). If substantial compliance occurs before the hearing, the parties are required to appear at hearing and inform the court. If such appearance does not occur, the Court will presume no such substantial compliance has occurred, and the motion will be granted.
Cross-Complainants served the at issue discovery requests on January 8, 2025. (Bowen Decl., ¶¶ 9, 12.) At the time of the filing of the motion, no responses had been served on Cross- Complainants. (Bowen Decl., ¶ 16.)
Cross-Defendant does not oppose the motion. A party's failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
Although the motion was unopposed, Code of Civil Procedure section 2033.280(c) requires the court to impose a monetary sanction ... on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion. Cross-Complainants have provided the Court with an explanation for the amount of sanctions requested. The Court finds
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV019993: MCKAGUE LAW GROUP, PC vs SHIRLEY 07/16/2025 Hearing on Motion to Deem Request for Admissions Admitted on Nathan Cole in Department 53
the requested amount of $500 represents reasonable expenses incurred as a result of Cross- Defendants conduct.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.