Plaintiff's Motion to Deem Requests for Admissions Admitted is GRANTED.
Failure to timely respond to requests for admissions does not result in automatic admissions. Rather, the propounder of the requests for admissions must “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” under § 2023.010 et seq. (Code Civ. Proc., § 2033.280, subd. (b).) For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of requests was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.
Here, as of the date of the filing of the motion, Plaintiff had not received any responses to the requests for admission from Defendant. See Declaration of Benjamin Caplan, ¶ 21. Accordingly, Plaintiff is entitled to an order that the truth of any matters and the genuineness of a
Hearing Date
February 28, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Plaintiff's Motion to Deem Requests for Admissions Admitted is GRANTED.
Failure to timely respond to requests for admissions does not result in automatic admissions. Rather, the propounder of the requests for admissions must “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” under § 2023.010 et seq. (Code Civ. Proc., § 2033.280, subd. (b).) For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of requests was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.
Here, as of the date of the filing of the motion, Plaintiff had not received any responses to the requests for admission from Defendant. See Declaration of Benjamin Caplan, ¶ 21. Accordingly, Plaintiff is entitled to an order that the truth of any matters and the genuineness of a