Code of Civil Procedure § 2033.290

Motion for order compelling further response; Grounds; Time for motion; Monetary sanction; Order that matters be deemed admitted

(a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply:

(1) An answer to a particular request is evasive or incomplete.
(2) An objection to a particular request is without merit or too general.

(b)

(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.
(2) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.

(c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission.

(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

(e) If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

History

Added Stats 2004 ch 182 § 23 (AB 3081), effective January 1, 2005, operative July 1, 2005. Amended Stats 2013 ch 18 § 3 (AB 1183), effective January 1, 2014; Stats 2018 ch 317 § 5 (AB 2230), effective January 1, 2019, operative January 1, 2020.

CCP 2033.290