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Requests for admission in California unlawful detainer (eviction) cases

Requests for admission in a California unlawful detainer (eviction) case are the topic of this blog post. The requests for admission may request the other party to admit or deny that certain facts are true, or certain attached documents are genuine.

California law allows a defendant in an eviction case to serve requests for admission at any time after being served with the summons and complaint.

The Economic Litigation rules that restrict discovery in limited civil cases do NOT apply to unlawful detainers pursuant to Code of Civil Procedure § 91(b). This means that theoretically at least a party can propound as many requests for admission as they desire although a declaration for additional discovery must be used if more than 35 requests are propounded, and as a practical matter propounding requests for admission regarding facts or documents that are not relevant to the issues involved in the case is a bad idea.

Plaintiff must wait until at least five days after service of summons or until a defendant has made a general appearance, to serve requests for admission unless leave of court is obtained. See Code of Civil Procedure § 2033.020(c).

The party served with the requests for admission must be given at least five days from the date of service (10 days if served by mail) to respond unless the court shortens or extends the response time. See Code of Civil Procedure § 2033.250(b).

Requests for admission are a vital tool for getting certain admissions or denials of issues relevant to the eviction on record before the trial, as well as authenticating certain documents.

Attorneys or parties in California who wish to view a portion of sample requests for admission for a California eviction that are sold by the author can see below.

 

Attorneys or parties in California that would like more information on a California eviction litigation document package containing over 25 sample documents including sample requests for admission for a California eviction can use the link shown below.

California eviction litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California and Federal legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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