[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO WITHDRAW ADMISSION TO REQUEST FOR ADMISSION NO. 6
Plaintiff Brett Luebke (“Plaintiff”) filed this case on June 1, 2017 against defendants Automobile Club of Southern California, Brent Air Towing, Inc., and Tong Yin for injuries arising from a vehicle collision. Plaintiff made a call for roadside assistance to Automobile Club of Southern California. While he waited on a freeway shoulder for a tow truck, a vehicle driven by Mr. Yin collided into his car. Plaintiff appears to have never served Mr. Yin, and Mr. Yin did not file an answer.
Plaintiff seeks to withdraw his admission to Defendants’ Request for Admission (“RFA”) No. 6, which asked Plaintiff to “[a]dmit that the Auto Club did not cause the INCIDENT.” The term “INCIDENT” was defined in the RFAs as “the circumstances and events surrounding the alleged incident, injury, or other occurrence giving rise to this action.” Plaintiff argues the term “INCIDENT” is susceptible to different mean
Hearing Date
October 15, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO WITHDRAW ADMISSION TO REQUEST FOR ADMISSION NO. 6
Plaintiff Brett Luebke (“Plaintiff”) filed this case on June 1, 2017 against defendants Automobile Club of Southern California, Brent Air Towing, Inc., and Tong Yin for injuries arising from a vehicle collision. Plaintiff made a call for roadside assistance to Automobile Club of Southern California. While he waited on a freeway shoulder for a tow truck, a vehicle driven by Mr. Yin collided into his car. Plaintiff appears to have never served Mr. Yin, and Mr. Yin did not file an answer.
Plaintiff seeks to withdraw his admission to Defendants’ Request for Admission (“RFA”) No. 6, which asked Plaintiff to “[a]dmit that the Auto Club did not cause the INCIDENT.” The term “INCIDENT” was defined in the RFAs as “the circumstances and events surrounding the alleged incident, injury, or other occurrence giving rise to this action.” Plaintiff argues the term “INCIDENT” is susceptible to different mean