Pursuant to CCP 2033.280, if opposing party fails to respond to a 'Request for Admissions', the party can move to have said request for admissions deemed admitted and for sanctions. Is such a motion pursuant to CCP 2033.280 also called a Motion to Compel, and must you attach the 'request for admissions' as an exhibit to said Motion??
Yes. The motion is called a Motion to Deem Admissions Admitted and For Monetary Sanctions. It is not called a Motion to Compel.
You must have a supporting declaration which attaches as an exhibit the RFAs you served.
In California, a party may obtain discovery by a written request that the other party admit “the truth of specified matters of fact, opinion relating to fact, or application of law to fact.
A request for admission may relate to a matter that is in controversy between the parties.” Code Civ. Proc., § 2033.010. Within 30 days after service of the requests for admissions, the party to whom the requests are directed “shall respond in writing under oath separately to each request.” Code of Civ. Proc., § 2033.210. “Unsworn responses are tantamount to no responses at all.” Appleton v. Superior Court, 206 Cal.App.3d 632, 636 (1988).
If a party fails to file a timely response to requests for admission, “[t]he requesting party may move for an order that the . . . truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction . . . . [¶] The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with paragraph (1) of subdivision (f) [§ 2033.220]. It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” Code Civ. Proc., § 2033.280, subds. (b), (c).
By the way, you should have an attorney prepare and argue the motion because as a pro per, you will not get attorney's fees as sanctions. Parties appearing in pro per may not recover attorney fees through discovery sanctions. (Kravitz v. Sup.Ct. (Milner) (2001) 91 Cal.App.4th 1015, 1020–but such parties may recover reasonably identifiable litigation costs (e.g., photocopying, transportation to and from court, etc.) even if those costs would ordinarily be included in a lawyer's hourly rate.)
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
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Mr. Chen has provided a thorough and excellent advice. Depending on what will be deemed admitted, a successful motion to have matters deemed admitted can have a significant impact on the outcome of the case. So you should prepare your motion with care, and consult an attorney if feasible. I don't know if your opponent is represented by counsel, but his failure to respond to the requests for admission possibly indicates that you have an excellent opportunity to significantly enhance your positioning in the case.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
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