Legal Question in Civil Rights Law in California

Motion to Deem Admissions Admitted

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?


Asked on 12/04/08, 3:38 pm

1 Answer from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Motion to Deem Admissions Admitted

It sounds like the hearing was continued to another date, so you may actually have some more time (see below). Before your respond, I suggest you speak with an attorney as soon as possible.

In California, when a party fails to respond

to requests for admission, the matters are not

automatically deemed admitted. Instead, the

responding party still has an opportunity to

serve responses (without objections) up to the

time of the hearing on a motion for an order

that �matters specified in the requests� are

deemed admitted. California Code of Civil

Procedure section 2033.280(c); If such a motion is filed, however, a monetary sanction will be imposed.

The trial court has at its disposal punitive measures of varying degree, depending on the egregiousness of the failure to respond.

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Answered on 12/04/08, 7:50 pm


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