OSCAR OQUELI VS JAMAR IKEEM EDWARDS ET AL

Tentative Rulings

Case Number: BC635091    Hearing Date: January 12, 2021    Dept: 29

BC635091 Oscar Oqueli v. Jamar Edwards

Defendant’s unopposed Motion for Relief from Admissions Deemed Admitted is GRANTED.

This action arises from an auto accident that allegedly incurred on 10/14/14.

The Court’s file reflects that on 9/25/19, Plaintiff served Requests for Admission (among other discovery) on Defendant counsel, Michael Traylor. See Plaintiff’s Motion to Deem Requests for Admission Admitted, filed on 1/22/20. Mr. Traylor declares he had not yet been retained by Defendant at that time and was not aware that Defendant, Jamar Edwards, had filed an answer identifying Mr. Traylor as counsel for Defendant. He declares he was unaware that the motion was pending. Declaration of Michael Traylor ¶¶ 2-4. Mr. Traylor subsequently agreed to represent Defendant. Id. ¶ 1.

On 2/21/20, the Court granted Plaintiff’s unopposed discovery motions against Defendant Edwards and deemed the Requests for Admission admitted against Defendant Edwards. Notice of Ruling filed 2/25/20. Defendant now moves for relief from the deemed admitted order.

The Court can grant a motion to amend a response made to a request for admission if the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission (Plaintiff) will not be substantially prejudiced. Code Civ. Proc. § 2033.300(a).

Defendant’s counsel has shown mistake and inadvertence in failing to respond to the Plaintiff’s deemed admitted motion. Declaration of Michael Traylor. As Plaintiff did not file an opposition, there is no evidence of substantial prejudice on Plaintiff’s part.

Moving party is ordered to give notice.

Case Number: BC635091    Hearing Date: November 04, 2020    Dept: 29

The unopposed Motion to Be Relieved as Counsel for Plaintiff, Oscar Oqueli, is GRANTED. Counsel has complied with California Rules of Court 3.1362. The order is effective upon the filing of the proof of service of the motion on the Plaintiff. Until then, counsel remains counsel of record.

Moving party is ordered to give notice.

Case Number: BC635091    Hearing Date: February 21, 2020    Dept: 29

Oqueli v. Edwards, et al.

The Four Motions filed by Plaintiff Oscar Oqueli to Compel Defendant Jamar Ikeem Edwards to Respond to Set One of Form Interrogatories, Special Interrogatories, and Request for Production of Documents, and Request for Sanctions, filed on 01/22/20, are GRANTED.

Defendant is ordered to provide verified responses without objection to the foregoing discovery within 10 days. (Code Civ. Proc. §§ 2031.300, 2030.290.)

Plaintiff’s Motion for an Order to Deem Request for Admissions Admitted and Request for Sanctions, filed on 01/22/20, is GRANTED. (Code Civ Proc. § 2033.280(b).) The Requests for Admission are deemed admitted.

The Court imposes sanctions in the total sum of $1,240 for all four motions against Defendant Jamar Ikeem Edwards and Defendant’s counsel of record Michael Steven Traylor, jointly and severally, for the failure to respond to authorized methods of discovery, which constitutes discovery abuse, and whose conduct necessitated motion practice. (Code Civ. Proc. §2023.010(a)(4); § 2033.280(c).)

Moving party is ordered to give notice.