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California Code of Civil Procedure Section 2033.290

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 2033.290

2033.290.  (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) A motion under subdivision (a) shall be accompanied by a meet
and confer declaration under Section 2016.040.
   (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).

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Last modified: March 17, 2014