CASE NAME: HDEVELOPMENT, et al. v. Alan I Schimmel, et al.

CASE NO.: 19SMCV02159

MOTION: Motion to Deem Requests for Admission Admitted and Sanctions

HEARING DATE: 08/04/2021

Legal Standard

When a party fails to timely respond to requests for admissions (RFAs), 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, as well as for a monetary sanction.” (Code Civ. Proc., § 2033.280.) The motion will be denied if the court finds that the party upon whom the requests have been served has provided a response that is in substantial compliance with section 2033.220. Discovery sanctions are mandatory “on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc.,§ 2033.280.) Requests for sanctions must “identify every person, party, and attorney against whom the sanction is sought, and specify the type of