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  1. #1

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    Judge granted my motion to deem RAFs admitted, but no trial date set yet. Next step?

    Jurisdiction / State: California

    Hi everyone,


    1. I am the defendant. What should I do next?

    a. Should I request a trial date or wait for plaintiff to set one?
    b. Should I file a motion for a summary judgment?
    c. Other.



    2. Ultimately, what do I do with the set of deemed admissions, i.e., at hearing or trial, what evidence and/or testimony should I present?


    Thanks for any advice,

    McRonalds

  2. thelawprofessor's Avatar
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    Not sure I understand. The court sets the trial date or it does in every place I'm aware. Regarding admissions - what do you mean? Is this actual court documentation? Have you done depositions and interrogatories? Are you doing a case pro se? This sounds complicated and it seems it's your first time through.
    Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.

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  3. #3

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    Did you truly expect a meaningful response from one knowing nothing of the nature of the plaintiff's cause of actions(s), your defenses or whether or not the plaintiff's admissions of fact contradict and thus prevent the plaintiff's establishment any of the essential elements of his cause of action(s)?

    How the discovery material is introduced into the record depends on whether the case goes to trial or is submitted in support of a 437c motion.

    You may get a passing grade for effort, but if you go any deeper into this lawsuit thinking that all the answers can be gleaned from the Internet, you’d better pray that your opponent is as unschooled in law and as naive as you are.

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    My motion to deem RFAs admitted granted ... My next step? (In Pro Per) ---

    I served three sets of discovery documents on plaintiff:

    1. Request for admissions (RFAs),
    2. Demands for production of documents (DPD),
    3. Interrogatories.

    The plaintiff did not comply with my discovery demands and requests—in any manner whatsoever. So, I filed three motions:

    1. Motion to deem RFAs admitted,
    2. Motion to compel responses to, and production of documents in response to my DPDs,
    3. Motion to compel responses to interrogatories.

    In a tentative ruling, the judge granted all three motions and indicated that the court would continue its jurisdiction over the matter.

    At the discovery motion hearing, the judge granted the motion to deem RFAs admitted. The admitted admissions completely contradict each and every allegation of the plaintiff's complaint. They even contravene his putative legal standing to bring the action against me—in the first place.

    The judge ordered the plaintiff to fully comply with both the interrogatory requests and the DPDs—without objections—by a certain deadline. The plaintiff completely failed to comply with those two orders.

    ---

    Okay, the above replies indicated that I should not concern myself with requesting a trial date.

    ---

    So, what do I do now, just wait?

    In what forum or at what point would the order deeming RFAs admitted be useful?

    What about the plaintiff's failure to comply with the two orders of the motion hearing judge? What step(s) should I take concerning such violations, if any?
    Last edited by McRonalds; 05-15-2012 at 10:52 PM.

  5. #5

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    Quote Originally Posted by McRonalds View Post
    . . . . What about the plaintiff's failure to comply with the two orders of the motion hearing judge? What step(s) should I take concerning such violations, if any?
    I think you are relying too much on the Internet, which won't be available in the courtroom, but try reading Section 2023.030 (d) of California's General Discovery Act.

    There sanctions and remedies for abusing, misusing and disobeying discovery orders, including the striking of pleadings, are spelled out rather clearly.

    For some reason it appears that the plaintiff’s interest in the lawsuit is waning and a motion to strike the complaint might tip the scales.

    But the court will need to be convinced that the disobedience to discovery order(s) is willful. See: Creative Inc. vs. Creative Cotton 89 CalRptr 353 and Vallbona vs. Stringer 43 Cal App 1524.

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