• Archives

  • Blog Stats

    • 665,463 hits
  • Categories

Motion to have matters deemed admitted in California unlawful detainer (eviction)

A motion to have matters specified in requests for admission deemed admitted in a California unlawful detainer (eviction) case is the topic of this blog post. While other discovery motions can be filed such as motions to compel, the most likely discovery motion to be used by either plaintiff or defendant would be a motion to have matters specified in requests for admission deemed admitted. The “deemed admitted” is the most powerful discovery motion as the motion MUST be granted unless proper responses are served before the hearing. See Code of Civil Procedure § 2033.280(b) which states that, “The court shall make this order unless it finds that the party to whom the request for admissions was served, before the hearing on the motion, served a proposed response to the Request for Admissions that is in substantial compliance with Section 2033.220.”

Winning a deemed admitted motion can result in a victory for that party at the trial and that is a huge incentive for any party invovled to seriously consider filing such a motion if the opposing party fails to respond to requests for admission.

The general rule in most California civil litigation is that all discovery motions must be heard no later than the 15th day before the date initially set for trial pursuant to Code of Civil Procedure § 2024.020 (a), however that statute does not apply to unlawful detainers. See Code of Civil Procedure § 2024.040(b)(1). See also the Rutter Group-California Practice Guide: Landlord-Tenant Chapter 8:431f 2010 edition which states that, “In general civil litigation, all discovery motions must be “heard” no later than the 15th day before the date initially set for trial (CCP § 2024.020 (a)); but this statute does not apply to unlawful detainers (CCP § 2024.040(b)(1)). Apparently, there is no per se pretrial cut-off on the “hearing” of discovery motions in UDs (so long as the hearing occurs before trial) because CCP § 1170.8 states the motion may be made at “any time,” subject to the giving of five days’ notice.”

Code of Civil Procedure §1170.8 states that, “In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice.”

Note that the notice of motion MUST be personally served in order to give only five days notice. If the notice of motion is mailed then ten days notice must be given under Code of Civil Procedure § 1013 as The Rutter Group supra, at 8:431f states in pertinent part that, “The deadline is extended where service is by mail, Express Mail, fax or other overnight delivery method. [CCP §§ 1013, 1170.8; see CRC 3.1347(a)—notice of discovery motion must be made in compliance with CCP §§ 1013 & 1170.8”

Attorneys or parties in California who would like to view a portion of a sample motion to have matters deemed admitted for a California eviction sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents.

Visit his website at http://www.legaldocspro.com and enter your name and e-mail address in the sign-up box to subscribe to his FREE weekly California and Federal legal newsletter.

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

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.

The 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.

Advertisements

What is your opinion?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: