California Court of Appeal

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St. Mary v. Superior Court, H038918

In an action for fraud and other claims arising out of an investment, the trial court's order deeming 41 of defendant's Requests for Admission (RFAs) admitted when plaintiff served responses four days late, is reversed and remanded, where the trial court abused its discretion in granting defendant's motion because: 1) defendant and the trial court effectively and improperly transmuted the motion from a deemed admitted motion into a motion to compel further responses; 2) the trial court failed to evaluate plaintiff's proposed response to RFAs in its entirety to determine its compliance with CA Code of Civil Procedure section 2033.220; and 3) in reviewing the response in its totality, the response was in substantial compliance with section 2033.220.

Appellate Information

  • Decided 01/31/2014
  • Published 01/31/2014

Judges

  • MARQUEZ

Court

  • California Court of Appeal

Counsel