Section § 2033.210

Explanation

This section explains the rules for responding to requests for admission in a legal case. When you receive a request for admission, you must answer each one in writing, under oath. You can either agree with the statement, deny it, or list objections. Your responses must be clearly organized and follow the order of the requests you received. Additionally, you need to identify both the sender and recipient parties at the top of your response. If requested, both parties should exchange requests and responses electronically within three court days, unless it wasn't originally created in a digital format. You can mutual agree on the format and method for exchanging this information, like through email.

(a)CA Civil Procedure Code § 2033.210(a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.
(b)CA Civil Procedure Code § 2033.210(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.
(c)CA Civil Procedure Code § 2033.210(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.
(d)CA Civil Procedure Code § 2033.210(d) Each answer or objection in the response shall bear the same identifying number or letter and be in the same sequence as the corresponding request. The text of that request need not be repeated, except as provided in paragraph (6) of subdivision (e).
(e)CA Civil Procedure Code § 2033.210(e) In order to facilitate the discovery process:
(1)CA Civil Procedure Code § 2033.210(e)(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.
(2)CA Civil Procedure Code § 2033.210(e)(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.
(3)CA Civil Procedure Code § 2033.210(e)(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. If the parties are unable to agree on a format, the requests for admission or responses to the requests for admission shall be provided in plain text format.
(4)CA Civil Procedure Code § 2033.210(e)(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.
(5)CA Civil Procedure Code § 2033.210(e)(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.
(6)CA Civil Procedure Code § 2033.210(e)(6) A responding party who has requested and received requests for admission in an electronic format pursuant to paragraph (1) shall include the text of the request immediately preceding the response.

Section § 2033.220

Explanation

This law section says that when someone responds to requests for admission in a legal case, their answers must be as complete and clear as possible based on the information they have. They should admit what is true, deny what is untrue, and specify if they lack enough information to confirm or deny something. If they claim they don't have enough information, they must say that they've made a reasonable effort to find out more but still can't provide a definite answer.

(a)CA Civil Procedure Code § 2033.220(a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits.
(b)CA Civil Procedure Code § 2033.220(b) Each answer shall:
(1)CA Civil Procedure Code § 2033.220(b)(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party.
(2)CA Civil Procedure Code § 2033.220(b)(2) Deny so much of the matter involved in the request as is untrue.
(3)CA Civil Procedure Code § 2033.220(b)(3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge.
(c)CA Civil Procedure Code § 2033.220(c) If a responding party gives lack of information or knowledge as a reason for a failure to admit all or part of a request for admission, that party shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable that party to admit the matter.

Section § 2033.230

Explanation

This law is about how to respond to requests for admission in legal proceedings. If only part of the request is an issue, you still need to respond to the rest. If you're objecting to a request, you have to clearly explain why, mentioning any specific legal rights or protections you're claiming, such as attorney-client privilege or work product protection.

(a)CA Civil Procedure Code § 2033.230(a) If only a part of a request for admission is objectionable, the remainder of the request shall be answered.
(b)CA Civil Procedure Code § 2033.230(b) If an objection is made to a request or to a part of a request, the specific ground for the objection shall be set forth clearly in the response. If an objection is based on a claim of privilege, the particular privilege invoked shall be clearly stated. If an objection is based on a claim that the matter as to which an admission is requested is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted.

Section § 2033.240

Explanation

If you're asked to admit or deny certain facts in a legal case, you must sign your answers under oath unless you're objecting. For companies or organizations, an officer or representative must sign. If a lawyer signs for such an organization, they give up certain confidentiality protections about where they got their information. Also, any objections must be signed by the responding party's lawyer.

(a)CA Civil Procedure Code § 2033.240(a) The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections.
(b)CA Civil Procedure Code § 2033.240(b) If that party is a public or private corporation, or a partnership or association or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. If the officer or agent signing the response on behalf of that party is an attorney acting in that capacity for the party, that party waives any lawyer-client privilege and any protection for work product under Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response.
(c)CA Civil Procedure Code § 2033.240(c) The attorney for the responding party shall sign any response that contains an objection.

Section § 2033.250

Explanation

If someone sends you a formal request to admit certain facts in a case, you have to respond within 30 days. You send the original response to the person who asked and a copy to everyone else involved in the case. However, in quick housing-related cases, like eviction, you only have at least five days to respond, unless the court changes these times.

(a)CA Civil Procedure Code § 2033.250(a) Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.
(b)CA Civil Procedure Code § 2033.250(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom the request is directed shall have at least five days from the date of service to respond, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.

Section § 2033.260

Explanation

This law section allows both the party requesting admissions and the party responding to them to agree on a new deadline for responses, extending beyond the usual time limit. This agreement can be informal but must be put into writing with the new deadline clearly specified. Unless stated otherwise, this agreement allows the responding party to give their answer in any acceptable format under the law. The responding party must inform all other parties involved about this agreed extension.

(a)CA Civil Procedure Code § 2033.260(a) The party requesting admissions and the responding party may agree to extend the time for service of a response to a set of admission requests, or to particular requests in a set, to a date beyond that provided in Section 2033.250.
(b)CA Civil Procedure Code § 2033.260(b) This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for service of a response.
(c)CA Civil Procedure Code § 2033.260(c) Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any request for admission to which the agreement applies in any manner specified in Sections 2033.210, 2033.220, and 2033.230.
(d)CA Civil Procedure Code § 2033.260(d) Notice of this agreement shall be given by the responding party to all other parties who were served with a copy of the request.

Section § 2033.270

Explanation

This law says that when one party asks the other to admit certain facts in a legal case, these documents should not be filed with the court. Instead, the party who makes the request must keep the original requests and responses, along with proof they sent them, for six months after the case is over. After that, they can destroy the originals unless the court decides they need to be kept longer for a good reason.

(a)CA Civil Procedure Code § 2033.270(a) The requests for admission and the response to them shall not be filed with the court.
(b)CA Civil Procedure Code § 2033.270(b) The party requesting admissions shall retain both the original of the requests for admission, with the original proof of service affixed to them, and the original of the sworn response until six months after final disposition of the action. At that time, both originals may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.

Section § 2033.280

Explanation

If you don't respond in time to requests that ask you to confirm details in a legal case, you lose the right to object to these requests. However, the court can forgive this if you eventually respond correctly and prove the delay was an honest mistake. The asking party can ask the court to automatically accept their claims and possibly make you pay a penalty. The court will agree unless you've provided a response before the hearing. Also, if you caused the delay, you or your lawyer might have to pay a fine.

If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:
(a)CA Civil Procedure Code § 2033.280(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
(1)CA Civil Procedure Code § 2033.280(a)(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230.
(2)CA Civil Procedure Code § 2033.280(a)(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
(b)CA Civil Procedure Code § 2033.280(b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(c)CA Civil Procedure Code § 2033.280(c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.

Section § 2033.290

Explanation

If someone responds to a request for admission in a way that's unclear or objects without a good reason, the person requesting the admission can ask the court to order a better response. They must first try to work it out with the other party. This request must be made within 45 days of receiving the initial response, or the chance to ask for better answers is lost. The court can fine anyone who unsuccessfully fights this order if they didn't have a good reason. If a party ignores the court's order to respond properly, the court can decide that the admission is true or fine the party.

(a)CA Civil Procedure Code § 2033.290(a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply:
(1)CA Civil Procedure Code § 2033.290(a)(1) An answer to a particular request is evasive or incomplete.
(2)CA Civil Procedure Code § 2033.290(a)(2) An objection to a particular request is without merit or too general.
(b)Copy CA Civil Procedure Code § 2033.290(b)
(1)Copy CA Civil Procedure Code § 2033.290(b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.
(2)CA Civil Procedure Code § 2033.290(b)(2) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.
(c)CA Civil Procedure Code § 2033.290(c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission.
(d)CA Civil Procedure Code § 2033.290(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
(e)CA Civil Procedure Code § 2033.290(e) If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

Section § 2033.300

Explanation

If you've agreed to something in response to a legal request but later realize you've made a mistake or had an understandable reason for the error, you can ask the court to change or take back that agreement. However, the court must believe your reasoning and that making this change won't seriously hurt the other party's case. The court might allow the other party to gather more evidence related to the change, and you might have to cover some or all of the costs for this additional work.

(a)CA Civil Procedure Code § 2033.300(a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties.
(b)CA Civil Procedure Code § 2033.300(b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.
(c)CA Civil Procedure Code § 2033.300(c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following:
(1)CA Civil Procedure Code § 2033.300(c)(1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission.
(2)CA Civil Procedure Code § 2033.300(c)(2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission.