Legal Question in Civil Rights Law in California

Motion to Deem Admissions Admitted part 2

I sent this question earlier and received a response from a lawyer.

How do I reverse the deemed admissions in California? I received a letter from the plaintiff's lawyer stating ''the hearing on plaintiff's motion to deem admissions admitted was continued.'' Does that mean that it has already been admitted and what is it really?

I am trying to understand the entire process.

Basically I received questions to answer and provide the plaintiff's lawyer by May 08. In April 08 I filed for bankruptcy and was advise by my lawyer that I did not have to file the responses to the integration questions. The bankruptcy fell through because I lost my job. Now the lawyer wants the court to sanction me.

Do I know need to file the response to the lawyer's questions from May 08 or will the lawyer provide new questions?

The first lawyer that answered the question above stated that I have more time to ''serve responses (without objection) up to the time of hearing on a motion for an order that matters specified in the request are deemed admitted.'' What does that mean in plain terms? Should provide a response to the initial questions or will the lawyer provide new questions?


Asked on 12/04/08, 8:22 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Motion to Deem Admissions Admitted part 2

If you're in state court, they're not yet deemed admitted. If you file responses before the hearing, then there's no harm, no foul, although the judge might order you to pay sanctions to the other party's attorney for his/her trouble.

You might want to have a lawyer reexamine your bankruptcy situation. If you lost your job, you might well qualify to refile your bankruptcy, depending on whether there was a 6-month bar to refiling. Or you might file a Chapter 7 instead of a Chapter 13.

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Answered on 12/04/08, 9:12 pm


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