Legal Question in Civil Litigation in California
Would supplemental responses to unanswered R.F.A.'s cure Plaintiff's failure
to answer on time & avoid motion to deem admitted?
In Pro Per Plaintiff only responded to half of Defendant's Request For Admissions ("RFA's")...
After 35 days expired and Plaintiff only provided half the answers,
Defendant's counsel sent a meet and confer letter asking that Plaintiff serve supplemental responses..
Since Plaintiff didn't answer half their RFA's, would supplemental responses (by Denying or Admitting),
cure Plaintiff's failure to answer them on time, and avoid Defendant to move for answers to be deemed admitted.
2 Answers from Attorneys
Yes the supplemental response should include answers to all request for admissions.
Probably. There might be circumstances where it wouldn't.
Note that, by not answering or objecting to some questions before the due date, the plaintiff waived her right to object to those questions now. She may be able to regain that right, but only by winning a motion for relief from the waiver. That motion will have to show that she didn't answer as a result of mistake, surprise, or excusable neglect. A court might grant such a motion if, say, the plaintiff misplaced some pages and thought she was answering all of the questions. But it would likely deny the motion if she chose not to answer in the mistaken belief that the consequences would be minor.
Good luck.
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