Motion to Deem Request for Admissions Admitted
25CV011395: CAPITAL ONE N.A. vs LOGUE 07/15/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 8D
Tentative Ruling
NOTICE:
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25CV011395: CAPITAL ONE N.A. vs LOGUE 07/15/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 8D
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TENTATIVE RULING:
Plaintiff Capital One, N.A.s (Plaintiff) motion for order that matters in request for admission be deemed admitted against Defendant Kevin W Logue (Defendant) is UNOPPOSED and GRANTED, unless Defendant serves, 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 contest this tentative pursuant to Local Rule 1.06(D) and appear at hearing to 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.
On November 20, 2025, Plaintiff served Defendant, by mail, with its first set of requests for admission. (Cox Decl. ¶ 2, Exhibit 1.) To date, no responses have been served upon Plaintiff. (Id. at ¶ 3.) Plaintiff now moves the Court for an order to deem facts admitted.
No opposition to the motion was filed. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4.) Plaintiff has not requested sanctions.
Plaintiff shall serve notice of this order on Defendant and file proof of service within five days of this order.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or other notice is required.