WELLS FARGO BANK, NA vs DOYLE

24CV026651: WELLS FARGO BANK, NA vs DOYLE 11/05/2025 Hearing on Motion to Deem Request for Admissions Admitted in Department 54

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich 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

24CV026651: WELLS FARGO BANK, NA vs DOYLE 11/05/2025 Hearing on Motion to Deem Request for Admissions Admitted in Department 54

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 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-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 Court’s 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 Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING:

Plaintiff Wells Fargo Bank, N.A.'s (“Plaintiff”) motion to deem matters admitted is UNOPPOSED and GRANTED.

Plaintiff served the subject Request for Admissions, Set One, on Defendant Mathew W. Doyle (“Defendant”) via mail on April 4, 2025. (Declaration of David Bartley [“Bartley Decl.”], ¶¶ 2-3, Exhibit 1.) Plaintiff has not received responses as of the filing of this motion (i.e., July 14, 2025). (Id., ¶ 5.) Therefore, pursuant to Code of Civil Procedure section 2033.280 subdivision (b), Plaintiff is entitled to an order deeming admitted the matters specified in Plaintiff's Request for Admissions, Set One.

The Court is required to make this order deeming the requests for admissions admitted, unless Defendant serves on Plaintiff's counsel, before the hearing on this motion, verified responses to the requests for admission, without objections,

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV026651: WELLS FARGO BANK, NA vs DOYLE 11/05/2025 Hearing on Motion to Deem Request for Admissions Admitted in Department 54

that are in substantial compliance with Code of Civil Procedure section 2033.220. (Code Civ. Proc. § 2033.280 subd. (c).)

No sanctions were requested and thus none are awarded.

The Court declines to sign the proposed order lodged with the Court since it remains unclear if Defendant has served or will serve “before the hearing on the motion” proposed responses that are in substantial compliance with Code of Civil Procedure section 2033.220. Further, given that section 2033.280 subdivision (c) allows service of substantially code-compliant responses (to avoid admissions) as late as any time “before the hearing,” the Court's ruling on this motion need not at this time make any determination regarding “substantial compliance” if such responses are in fact served.

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.)