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Withdrawing or amending responses to requests for admission in California

by Stan Burman

Withdrawing or amending responses to requests for admission in California.

Withdrawing or amending responses to requests for admission in California is the topic of this blog post.

Withdrawing or amending responses to requests for admission in California requires that a motion be filed with the Court.  The grounds for the motion are that the moving party has discovered that a response to a request for admission that they made was inaccurate due to mistake, inadvertence, or excusable neglect.

Law that authorizes withdrawing or amending responses to requests for admission in California.

Withdrawing or amending responses to requests for admission in California is authorized by the provisions of Code of Civil Procedure section 2033.300 which states in pertinent part that,

“(a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties.

(b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.”

Grounds for withdrawing or amending responses to requests for admission in California.

It should be stressed that the party requesting an order withdrawing or amending responses to requests for admission in California has the burden of showing that their admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.

However a California Court of Appeal stated in a published decision that the same standard used in applying a motion for relief under Code of Civil Procedure § 473 should apply in deciding a motion for relief under Code of Civil Procedure § 2033.300 as the California Legislature intended that the same standard from Code of Civil Procedure § 473 apply to a motion to withdraw or amend an admission under Code of Civil Procedure § 2033.300.

Note that the Court can grant the motion with certain conditions as Code of Civil Procedure § 2033.300 states in pertinent part that,

“(c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following:

(1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission.

(2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission.”

Requesting an order withdrawing or amending responses to requests for admission in California should be considered by any party that discovers that a response to a request for admission that they made was inaccurate provided that they can make a sufficient showing of mistake, inadvertence, or excusable neglect.

Sample motion for order withdrawing or amending responses to requests for admission in California for sale.

Attorneys or parties that would like to view a portion of an 11 page sample motion to withdraw or amend admissions in California 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 can see below.

Sample Motion to Withdraw or Amend Admissions in California by Stan Burman on Scribd

 

 

Over 300 sample legal documents for California and Federal litigation for sale.

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The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

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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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