Legal Question in Civil Litigation in California

In Defendant's Request For Admission, they ask: "Admit that you filed this lawsuit (against them), entitled XXXX vs XXXX, in Superior Court". ,, And Plaintiff mistakenly put Deny...Plaintiff meant to put admit.... But, looking at this closely, technically,,, Plaintiff did not do the actual filing, because it was a document server (not a party to the action), that did the filing in court.,,.So.., in a sense, Plaintiff is telling the truth when Plaintiff answers DENY, to their RFA, because it was someone else (the document server) that did the actual filing. ..... Is that correct, What do you attorney(s) think?


Asked on 2/28/16, 2:56 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The plaintiff filed the lawsuit, even if it had a third party actually go to the court. The RFA should be answered to reflect this fact, and the responding party should not try to dodge the question by hiding behind this hair-splitting. It is behavior like this that causes people to get into trouble with discovery sanctions.

Read more
Answered on 2/29/16, 12:27 am


Related Questions & Answers

More General Civil Litigation questions and answers in California