Motion to Deem Request for Admissions Admitted; Motion for Sanctions
25CV008511: ABSOLUTE RESOLUTIONS INVESTMENTS, LLC vs ZABOLOTNY, et al. 02/23/2026 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 pm 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
25CV008511: ABSOLUTE RESOLUTIONS INVESTMENTS, LLC vs ZABOLOTNY, et al. 02/23/2026 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 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 Courts Approved Official Reporter Pro Tempore list.
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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 Absolute Resolutions Investments, LLCs (Plaintiff) motion to have matters deemed admitted is unopposed and GRANTED.
On May 21, 2025, Plaintiff propounded Request for Admissions, Set One on Defendant Phillip Zabolotny (Defendant). (Bemis Decl., ¶ 3.) Defendant did not respond. (Bemis Decl., ¶¶ 4-5.)
Plaintiff now moves the Court for an order to deem facts admitted, and for sanctions.
The Court shall make the Order deeming the requests for admission admitted, unless it
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV008511: ABSOLUTE RESOLUTIONS INVESTMENTS, LLC vs ZABOLOTNY, et al. 02/23/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 28
finds that the party to whom the requests have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Code of Civil Procedure §2033.220.
Plaintiffs request to have matters deemed admitted is GRANTED unless Defendant appears at hearing and shows that responses in substantial compliance with Code of Civil Procedure §2033.220 were served prior to the hearing of this motion.
It is mandatory that the Court 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. (Code of Civil Procedure §2033.280(c).) Plaintiffs request for sanctions in the amount of $460 is GRANTED.
The notice of motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to attempt to contact Defendant and advise them of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact them prior to hearing, moving counsel is ordered to appear at the hearing in person or remotely.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.