Plaintiff's motion for relief from orders deeming matters admitted is granted. Pursuant to CCP § 2033.300(b), the court may permit withdrawal 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." Any doubts in applying § 2033.300, must be resolved in favor of the party seeking relief. New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420-1421. "[T]he court's discretion to deny a motion under the statute is limited to circumstances where it is clear that the mistake, inadvertence, or neglect was inexcusable, or where it is clear that the withdrawal or amendment would substantially prejudice the party who obtained the admission in maintaining that party's action or defense on the merits." Id.
Plaintiff has made a sufficient showing of excusable neglect based on
Hearing Date
September 09, 2021
Category
Civil - Unlimited
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Plaintiff's motion for relief from orders deeming matters admitted is granted. Pursuant to CCP § 2033.300(b), the court may permit withdrawal 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." Any doubts in applying § 2033.300, must be resolved in favor of the party seeking relief. New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420-1421. "[T]he court's discretion to deny a motion under the statute is limited to circumstances where it is clear that the mistake, inadvertence, or neglect was inexcusable, or where it is clear that the withdrawal or amendment would substantially prejudice the party who obtained the admission in maintaining that party's action or defense on the merits." Id.
Plaintiff has made a sufficient showing of excusable neglect based on