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Notice of Motion and Motion for Order that Matters in Request for Admissions be deemed admitted; Request for Monetary Sanctions


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I'm am new here and need some help.  I am being sued by Mandarich Law Group representing CACH.  I was served August 23rd and answered on Sept 18, 2013.  I received Set One of the RFA, RFPR and Special Interrogatories on 12/3/2013.  I answered all three and had it mailed Certified on 12/27/2013.  On 3/11/13, I received a Notice of Motion and Motion order that maters in request for admissions be deemed admitted; request for montary sanctions; declarations in support thereof.  I have a copy of the proof of service and a copy of the tracking that Mandarich Law Group received my response on 12/31/2013. They set a court date for 4/29/13 and for monetary sanctions in the amount of $602.50.

 

Please help me as I do not know what to do.  No one from Mandarich has contacted me.  The only person who calls me, always demand payment from me.

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Not a real big deal if you handle it.  You have answered their RFA’s improperly.  Did they send you a meet and confer pointing out the deficiencies in your answers?  They should have.  If the did, that would make it easier to know what you did wrong.  But if not, you need to read up on California Code of Civil Procedure Section 2033.210, CCP § 2033.210, and beyond where it outlines very specifically how you are to answer RFA’s.

 

Once you answer properly, their motion should go away.  You might need to file an opposition motion though.

 

Good Luck,

 

rt

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They can't file a motion without sending you a meet & confer. CCP 2033.290( B)

 

(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.

©Unless notice of this motion is given within 45 days of the service of the response, or any supplemental 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).

 

Check their declaration and see if they state  they sent you a meet and confer. You will need to submit an opposition reply to their motion and cite the above and dismiss the motion for not following the above statute..

 

Here's additional reference to read: http://california-discovery-law.com/meet_and_confer_web.htm

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(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.

Remember this when you object to their motion to deem admissions,as this is probably a motion that you will be able to defeat (unless you just did not answer the RFA's). Also, we do not (at this point) know that you made a mistake answering the RFA's, until we know how you answered them. If you did not answer them; you could just answer them and send them to the lawyer, so they may dismiss the motion.

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Write an Opposition to their motion and save the CMRR til the end. You don't want the judge to read right away that you have already sent it and not read further. Yeah he will rule in your favor, but instead you want him to have to read that they have conducted themselves very badly. Point out first how they are engaging in misconduct. Something like:

 

 

Plaintiffs motion "Motion for Order that Matters in Request for Admissions be deemed admitted; Request for Monetary Sanctions" is wholly improper and does not follow the Rules of Civil Procedure. As a result this court should impose monetary sanctions on plaintiff in the amount of XXX.

 

Plaintiff has failed to meet and confer on this matter and is wasting this courts valuable time with a defective and unnecessary motion...

 

That should get you started. After you point out how defective their motion is, then hit them with proof of delivery and state that had plaintiff properly followed the rules and did a meet and confer, they would have been provided yet another copy of said responses that had previously been provided to them. Just beat the day lights out of them for not following the rules. 

 

The leading case on Meet and Confer is Obregon v. Superior Court:

http://www.resolvingdiscoverydisputes.com/Obregon%20v.%20Superior%20COurt.pdf

 

In Townsend v. Superior Court the court said: 

“a reasonable and good faith attempt at informal resolution entails something more than bickering with [opposing] counsel . . . Rather, the law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate."

http://www.resolvingdiscoverydisputes.com/Townsend%20v.%20Superior%20Court%20%281998%29%2061Cal.App.4th%201431.pdf

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Thanks for the responses.  I have two cases that are being handled by Mandarich Law Group.  I responded to both RFAs, the responses were identical.  I did not receive responses to the other case.  I took the RFAs to the Law Library and received assistance completing it there. I have not received any other documents from them.  Do you know where I can find examples of how to write the opposition? 

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Thanks for the responses.  I have two cases that are being handled by Mandarich Law Group.  I responded to both RFAs, the responses were identical.  I did not receive responses to the other case.  I took the RFAs to the Law Library and received assistance completing it there. I have not received any other documents from them.  Do you know where I can find examples of how to write the opposition? 

They are drafted like a motion, there should be some examples here, or maybe you could google "opposition to motions". If you are in the law library much; the book California forms and pleading will have all the examples for anything you need.

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