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.
- 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.