CITIBANK NA vs SERVIN, ROCIO

Supermarkets LLC's Motion to Quash Plaintiff's Deposition of Person Most Qualified from Save Mart Supermarkets LLC and Request for Production of Documents at Deposition - GRANTED.

Civ. Proc. Code Sec. 430.10 (d) enables a party to object by demurrer or answer to a pleading on the ground that there is a defect or misjoinder of parties. Save Mart Supermarkets LLC complied with this provision by objecting in both of their Answers. Barnes v. Rockhold (1958) 160 Cal.App.2d;” Wolff v. Hoaglund (1970 11 Cal.App.3d 227).

Plaintiff has subsequently failed to appropriately amend his pleadings in spite of agreeing to do so and despite the court ordering said amendment. In view of Plaintiff's failure and or refusal to amend his Complaint, the court finds that Defendant Save Mart Companies is not a proper party to this action.

While Plaintiff's PMQ Notice was directed at the proper party, Save Mart Supermarkets LLC, since Defendant Save Mart Supermarkets LLC is not a proper party to this action, the PMQ Notice at issue is improper, and Defendants should have been issued a deposition subpoena. (Unzipped Apparel, LLC v. Bader, (2007)156 Cal. App. 4th 123; Terry v. SLICO, (2009)175 Cal. App. 4th 352).

Accordingly, Defendant's Motion is granted. Plaintiff shall amend his First Amended Complaint within seven (7) days of the date of service of this order to reflect Save Mart Supermarket's correct nomenclature.

CV-25-007300 - CITIBANK NA vs SERVIN, ROCIO - Plaintiff's Motion for Order that Matters in Request for Admission of Truth of Facts be Deemed Admitted - GRANTED, unopposed.

The Court finds that Defendant has failed to timely respond to Plaintiff's Requests for Admissions, Set One, served on Defendant on October 21, 2025, without substantial justification. Plaintiff's motion is therefore granted. Accordingly, all objections to said Requests for Admissions by Defendant are hereby waived. (Code of Civil Procedure Sec.2033.280(a).

Furthermore, said Request for Admissions, Set One, are hereby deemed admitted for all purposes including trial. (Civ Proc. Code Sec.Sec..2033.010, 2033.020, 2033.250, 2033.280; St. Mary v. Superior Court (2014) 223 Cal.App.4th 762).

The following is the tentative ruling for a case calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: ***There are no Tentative Rulings for Department 19***