Plaintiff's motion to compel further responses to requests for admission is granted. Defendant's objections of overbroad and calls for legal conclusion lack merit. To the extent that Defendants base their inability to respond based on such objections, the response is improper. In Defendant's further supplemental response, Defendant states that a reasonable inquiry had been made and it was unable to admit or deny. CCP § 2033.220(c).
"[W]hen a party is served with a request for admission concerning a legal question properly raised in the pleadings he cannot object simply by asserting that the request calls for a conclusion of law. He should make the admission if he is able to do so and does not in good faith intend to contest the issue at trial, thereby 'setting at rest a triable issue.' (Cembrook v. Superior Court of City and County of San Francisco, Supra, 56 Cal.2d 423, 429, 15 Cal.Rptr. 127, 364 P.2d 303.) Otherwise he should set forth in detail the reasons why he cannot truthfully
Hearing Date
September 02, 2021
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Plaintiff's motion to compel further responses to requests for admission is granted. Defendant's objections of overbroad and calls for legal conclusion lack merit. To the extent that Defendants base their inability to respond based on such objections, the response is improper. In Defendant's further supplemental response, Defendant states that a reasonable inquiry had been made and it was unable to admit or deny. CCP § 2033.220(c).
"[W]hen a party is served with a request for admission concerning a legal question properly raised in the pleadings he cannot object simply by asserting that the request calls for a conclusion of law. He should make the admission if he is able to do so and does not in good faith intend to contest the issue at trial, thereby 'setting at rest a triable issue.' (Cembrook v. Superior Court of City and County of San Francisco, Supra, 56 Cal.2d 423, 429, 15 Cal.Rptr. 127, 364 P.2d 303.) Otherwise he should set forth in detail the reasons why he cannot truthfully