Cross-Defendant’s Motion to Deem Requests for Admission Admitted – DENIED.
The motion cites no authority establishing the propriety of requests for admission directed to Plaintiff by Cross-Defendant herein. While the subject discovery may be served on “any other party to the action” (Code Civ. Proc. §2033.010), the law regards a cross-complaint as an independent proceeding, not a part of the same action as the complaint. (See, e.g. Bertero v. National General Corp. (1974) 13 Cal.3d 43, 51-52.) Moreover, an admission may not be used against a party “in any other proceeding.” (Code Civ. Proc. §2033.410(b); Shepard & Morgan v. Lee & Daniel, Inc. (1982) 31 Cal.3d 256, 259-260 -- admissions made by a defendant in the main action are not binding on defendant with regard to its cross-action for indemnity.)
As it appears that the subject discovery was not properly directed to another party to the Cross-Complaint herein, the moving party is not entitled to the requested relief.
CV-18-001905 – N
Hearing Date
October 03, 2019
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Cross-Defendant’s Motion to Deem Requests for Admission Admitted – DENIED.
The motion cites no authority establishing the propriety of requests for admission directed to Plaintiff by Cross-Defendant herein. While the subject discovery may be served on “any other party to the action” (Code Civ. Proc. §2033.010), the law regards a cross-complaint as an independent proceeding, not a part of the same action as the complaint. (See, e.g. Bertero v. National General Corp. (1974) 13 Cal.3d 43, 51-52.) Moreover, an admission may not be used against a party “in any other proceeding.” (Code Civ. Proc. §2033.410(b); Shepard & Morgan v. Lee & Daniel, Inc. (1982) 31 Cal.3d 256, 259-260 -- admissions made by a defendant in the main action are not binding on defendant with regard to its cross-action for indemnity.)
As it appears that the subject discovery was not properly directed to another party to the Cross-Complaint herein, the moving party is not entitled to the requested relief.
CV-18-001905 – N