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Requests for admission deemed admitted in California

by Stan Burman

Requests for admission deemed admitted in California are the topic of this blog post.

A motion for an order having the matters specified in requests for admission deemed admitted in California can be filed when a party has failed to respond to the requests for admission.

Law authorizing requests for admission deemed admitted in California.

The motion is filed under the provisions of Code of Civil Procedure section 2033.280(b) which states that if a party to whom requests for admission are directed fails to serve a response, the propounding party may move the court for an order establishing the truth of each matter specified in the requests for admission.  Section 2033.280 contains no time limit for a motion to compel where no responses have been served.

A motion to have the matters specified in requests for admission deemed admitted in California is also known as an order establishing the truth of each matter specified in the requests for admissions that were served on the other party.

The matters specified may be the truth of certain facts, or the genuineness of certain documents.

Requests for admissions are very useful in that they allow a party to get certain admissions or denials of issues relevant to the lawsuit on record before the trial, as well as authenticating certain documents.

If you can get an order establishing the truth of each matter specified in the requests for admissions that will greatly increase your chances of prevailing at trial.

And it is mandatory that the Court grant the motion unless code compliant responses are served before the hearing on the motion.

The court shall make this order unless it finds that the party to whom the request for admissions was served, before the hearing on the motion, served a proposed response to the Request for Admissions that is in substantial compliance with section 2033.220  See Code of Civil Procedure § 2033.280(b).

A California Court of Appeal has stated in a published case that there is no requirement for an informal meet and confer attempt before a party may bring a motion for an order establishing admissions.

Another California Court of Appeal has stated in a published case that there is not time limit on filing a motion to have the matters deemed admitted.

No separate statement is required when no response has been provided to the discovery. See California Rule of Court 3.1345(b).

Attorneys or parties in the State of California who wish to view a portion of a sample motion for an order having matters deemed admitted containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can use the link shown below.

Sample Motion to Have Matters Deemed Admitted for California by Stan Burman on Scribd



The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.  For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

To view over 300 sample legal documents for sale visit: www.scribd.com/LegalDocsPro

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
 

 

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