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?
1 Answer from Attorneys
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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