What is a Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents?
If a party to whom requests for admission are directed fails to serve a timely response, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. Code of Civ. Proc., § 2033.280(b). “[A] deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matters contained therein.” Wilcox v. Birtwhistle (1999) 21 Cal.4th 979. 90 Cal.Rptr.2d 260, 987 P.2d 727.
“Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must move for an order.” Weil & Brown, Civ. Proc. Before Trial, ¶ 8:1370. “Under the RFA procedure postdating the Civil Discovery Act, a propounding party must take affirmative steps-by bringing a formal "deemed admitted" motion-to have RFAs to which timely responses are not received deemed admitted.” St. Mary v. Super. Ct. (2014) 223 Cal.App.4th 762, 775–776.
The Court “shall” grant the motion to deem admitted, “unless it finds that the party to whom the requests for admission 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 Section 2033.220.” Code of Civ. Proc., § 2033.280(c); Tobin v. Oris (1992) 3 Ca1.App.4th 814, 827. Unverified responses are equivalent to “no responses at all.” Appleton v. Super. Ct. (1988) 206 Cal.App.3d 632, 636.
“If the party manages to serve its responses before the hearing, the court has no discretion but to deny the motion. But woe betide the party who fails to serve responses before the hearing. In that instance the court has no discretion but to grant the admission motion, usually with fatal consequences for the defaulting party. One might call it ‘two strikes and you're out’ as applied to civil procedure.” Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395—396, 42.
It is mandatory that the Court impose a monetary sanction on the party or attorney, or both, whose failure to serve a timely response necessitated the motion. Code of Civ. Proc., § 2033.280(c).
Useful Resources for Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents
(1) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents
(2) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents
(3) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents
The court considered the moving and untimely-filed opposition papers.
BACKGROUND
On October 13, 2017, plaintiff Ana A. Manopichetwatana filed a compl...
..tion under Chapter 7 (commencing with Section 2023.010). “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction’ under § 2023.010 et seq.” Weil & Brown, Civ. Proc. Before T...
The court requests an appearance by Defendant (Tustin Unified School District) to clarify service. Specifically, the court’s Order Granting Attorney’s Motion to be Relieved as Counsel (filed on 5-22-18) lists Plaintiff’s address as 13901 Yorba St., #26, Tustin, CA 92780. Defendant served the motion at 2692 Bradford Way West Sacramento, CA 95691.
Assuming service is proper, the court’s tentative ru...
..forth an objection to the particular request.” Code of Civil Procedure section 2033.250, subdivision (a), provides, in part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedu...
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES – CENTRAL DISTRICT
DEPARTMENT 53
ST. ANDREWS VILLA II HOA; Plaintiff, vs. J.Y. CONSTRUCTION, INC., et al.; Defendants.
Case No.: BC580325
Hearing Date: February 9, 2017
Time: 8:30 a.m.
[TENTATIVE] ORDER RE:
PLAINTIFF’S MOTION FOR AN ORDER DEEMING MATTERS ADMITTED
Plaintiff ST. ANDREWS VILLA II HOA’S motion for an order deeming matter...
..Defendants J.Y. Construction, Inc. (“J.Y. Construction”), and Jin Young Koh (“Koh”). This action arises from a dispute concerning the construction of a condominium project. Plaintiff alleges that J.Y. Construction acted negligently in the development and construction of the project. The Complaint asserts causes of action for negligence and breach of implied warranty.
On November 16, 2016, Plai...
Defendants' Motion to Compel Responses to Interrogatories and Motion to Compel Responses to Requests for Production of Documents are GRANTED as to plaintiff only.
Defendants served form interrogatories, special interrogatories, and requests for production of documents, set one, to plaintiff on April 18, 2017. The discovery was propounded on plaintiff only, not Nancy Ryan, the claimant in the admi...
..ny responses to the interrogatories and the requests for production of documents. Plaintiff concedes in the Opposition that no responses have been provided but attempts to justify the lack of responses by claiming the parties are trying to settle the matter. Counsel for plaintiff also declares that he does not represent Ms. Ryan, a non-party to this court action.
The court is not persuaded by pla...
TENTATIVE RULING
Calendar: 11
Date: 3/22/19
Case No: EC 068876 Trial Date: None Set
Case Name: Moshe v. Lew
WRIT OF ATTACHMENT
DISCOVERY MOTIONS (3)
Moving Party: Plaintiff Yair Ben Moshe
Responding Party: Defendant Uzrad Lew
APPLICATION FOR WRIT OF ATTACHMENT
Required Documents:
__X__ Summons and Complaint
__X__ Notice of Application & Hearing (CCP § 484.050) (Not on Form)
__X__ Appl...
..of costs, interest and attorney’s fees]
Claim is for amount due under written Promissory Note, on which defendant has defaulted. [Moshe Decl., paras. 2-6, Ex. 1]. There is now due and owing a current principal balance on the note of $127,300, plus costs and fees to collect the amount due. [Moshe Decl., paras. 7, 8]. Yatman Decl., para. 12, Ex. F].
Establishes a probable validity of claim on whi...
NATURE OF PROCEEDINGS: NOTICE OF MOTION — AND MOTION FOR ORDER THAT MATTERS IN REQUEST FOR ADMISSION QF TRUTH OF FACTS BE ADMITTED [PLTF] BANK OF AMERICA, N,A.
RULING
Plaintiff Bank of America, N.A.’s Motion for Order that Matters In Request for Admission of Truth of Facts be Admitted and for Monetary Sanctions Against Defendant Rakel Reed is granted. Plaintiff served requests for admission upon...
..objection before the time of hearing on this motion.
The Court in St. Mary v. Superior Court (2014) 223 Cal.App.4th 762 described the remedy that must be awarded upon a party’s failure to respond to request for admission. The Court stated,
Under the RFA procedure postdating the Civil Discovery Act, a propounding party must take affirmative steps—43y bringing a formal ‘deemed admitted’ motion—to...
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF YOLO
CIVIL LAW AND MOTION MINUTE ORDER
HON: DANIEL M WOLK
CASE NO: CV-2018-1957
TITLE: THE BEST SERVICE CO VS WARSTLER
DATE: 09/16/2020
TIME: 9:00 AM
PROCEEDINGS: *MOTION — ORDER DEEMING ADMITTED TRUTH OF FACTS AND
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JENNIFER E. MCGUIRE (SBN 282704)
[email protected]
MORRILL LAW
2175 N. California Blvd., Suite 424
Walnut Creek, CA 94596
Telephone: (925) 322
Facsimile: (925) 357
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JOSEPH M. MORRILL (SBN 187207)
[email protected]
JENNIFER E. MCGUIRE (SBN 282704)
[email protected]
MORRILL LAW
2175 N. California Blvd., Suite 424
Walnut Creek, CA 94596
Telephone: (925) 322-8615
Facsimile: (925) 357-3151
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Robert Hester (SBN 296917)
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