How to Ask to Withdraw Erroneous or Deemed Admissions
During discovery, each party may serve one or more sets of "Requests for Admissions," asking the opposing side to admit that one or more facts are true or one or more documents are genuine. If a party admits a fact, or admits that a document is genuine, that fact, or the genuineness of the document in question, does not need to be proven at trial.
Occasionally, a party may inadvertently or mistakenly admit a fact that is not true, or may fail to respond to a Request for Admissions altogether, resulting in a court order deeming each of the facts listed in the Request for Admissions to be true, and each document listed in the Request to be deemed genuine.
California Code of Civil Procedure (CCP) § 2033.300(b) allows a court to permit the withdrawal or amendment of admissions only if the court "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."
The party asking to be relieved from admissions must present sufficient evidence for the court to find that the admissions or failure to respond to the Request for Admissions was the result of a mistake, inadvertence, or excusable neglect. The act or omission that led to the admission must be one that a reasonably prudent person under the circumstances would make. Forgetting about the admissions, being too busy to properly respond, or being unable to afford an attorney are not sufficient grounds for relief. After determining that an admission is the result of a mistake, inadvertence, or excusable neglect, the court must then consider whether the party that obtained the admission will be prejudiced if your motion to relieve the admission is granted.
There is no Judicial Council form for this procedure. Instead, the relevant documents must be typed on 28-line pleading paper. A customizable template may be downloaded from this link:
Click here to download this Guide, with step-by-step instructions, including sample forms.