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California Court of Appeal

New Albertsons, Inc. v. Superior Court of Los Angeles County, B207661

In an action for negligence and premises liability for injury sustained while shopping at a supermarket owned by petitioner, denial of motion to withdraw an admission and grant of motion for sanctions is vacated where: 1) any doubts in ruling on a motion to withdraw or amend an admission must be resolved in favor of the moving party; 2) the record did not clearly establish that petitioner's mistake in admitting a photograph was inexcusable or show that the withdrawal of the admission would have substantially prejudiced plaintiffs; 3) the policy in favor of trial on the merits compelled a conclusion that the motion should have been granted; 4) the court had no statutory authority to impose sanctions absent a failure to obey an order compelling discovery and the court's inherent powers to control the litigation did not justify the sanctions in these circumstances.

Appellate Information

  • Decided 12/10/2008
  • Published 12/10/2008


  • CROSKEY, Acting P.J.


  • California Court of Appeal


  • For Appellant:
  • Horvitz & Levy, David M. Axelrad, Karen M. Bray, Encino;  Wesierski & Zurek and Frank J. D'Oro, Irvine, for Petitioners., Ringler Kearney Alvarez, Jerome L. Ringler, Thomas A. Kearney, Los Angeles, Thomas H. Peters;  Esner, Chang & Ellis, Stuart B. Esner, Los Angeles, and Holly N. Boyer, for Real Parties in Interest.

  • For Appellees:
  • No appearance for Respondent.
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