Motion For Relief From Order Deeming Requests For Admission Admitted
Set for Law and Motion/Discovery Calendar on Monday, June 01, 2026, Line 4.
Plaintiff Xuan Jiang's Motion For Relief From Order Deeming Requests For Admission Admitted is GRANTED.
Defendant moves under Code of Civil Procedure section 2033.300. "A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties." (Code of Civil Procedure section 2033.300(a).) "The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits." (Code of Civil Procedure section 2033.300(b).) "The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission." (Code of Civil Procedure section 2033.300(c).)
Here, Plaintiff has established that her deemed admissions at issue were the result of excusable neglect. The record does not demonstrate allowing the verified responses will substantially prejudice Propounding Defendant in maintaining this action on the merits. The court grants Plaintiff leave to serve verified responses to Defendant Run the World Inc.'s RFAs, Set One. Plaintiff shall serve her verified responses within 10 days of this order. Plaintiff claims she filed proposed verified responses to the RFAs. No such document is on file, nor does the court have a courtesy copy of any such document. Prior to the time set for hearing, Plaintiff shall lodge by email to contestdept302tr@sftc.org a proposed order containing the above text verbatim.
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