Do I have time to file Motion to Deem Facts Admitted?

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I live in California.


I have had my Requests for Admission served on the Plaintiff's Counsel in the latter part of May. The service was by first-class mail. Per my calculation (not calculating the day the ROA were sent and the court Holidays, but counting weekeneds), today is day 33, and day 35 is on Tuesday, 6/24 (counting 30 days + 5 for first class mail). But then, if they don't respond by Tuesday, am I too late for the Motion to Admit facts because of 16 court days + 5 court days mailing requirement? I suppose I need to send them a meet and confer first, but probably need to wait until the close of Tuesday to send, right? Then, if I file a motion to admit facts (which could basically result them in losing their case) on Wednesday, 6/25, there are exactly 21 days left on the Calendar before the Trial Date (per that LA superior court calculator utility). And the Trial Assignment date&time is before the Motion hearing date&time on the same day. Is my only option serving the Plaintiff's Counsel in person?Their office is roughly 130 miles from where I live, and I imagine getting a process server would be quite costly. Is service by FedEx and or UPS overnight allowed? I haven't seen a judicial council form for that kind of service.


Lastly, has anyone here done a Motion to Deem Facts Admitted? It would be great to have a template to start with.



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The other problem is CCP 2024.020:


2024.020.  (a) Except as otherwise provided in this chapter, any
party shall be entitled as a matter of right to complete discovery
proceedings on or before the 30th day, and to have motions concerning
discovery heard on or before the 15th day
, before the date initially
set for the trial of the action.



There are ways around this.  You can file an ex parte motion to have the matter heard on shortened time.  Or you can file a motion to specially set for a day closer to trial (CCP 2024.050).  But it still seems pretty tight. 


One last thing is that the 35th day is the day they have to drop the response in the mail to you (not the day it must arrive in your mailbox).  It is likely that plaintiff will respond.

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Well, they did drop their responses in the mail at the very last moment, but it was on time. But their responses left me confused. I didn't expect to get much valuable information and was expecting a lot of objections (attorney/client privilege, confidential/proprietary information, not relevant to the subject matter, etc.). No surprise there.


But one thing that did surprise me a great deal was that each of their responses had the following objection:


"Plaintiff objects to this request on the grounds that it contains capitalized terms that appear to be meant as specifically defined terms but the definition is not contained within request"


The truth is that I did include these definitions into my request. What I basically did was defined the terms beforehand like this:


A. Throughout this request, "YOU" refers to (the actual definition I put here).


B. Throughout this request, "AFFIANT" refers to Dorothy Ruiz, an Assistant Vice President with Citibank, N.A. whose declaration in lieu of testimony has been filed with the Court in this case.


And then I went on and had requests like this:


Admit that the following fact is true:


1. Admit that YOU do not possess any written or executed agreements or promises to pay this ALLEGED DEBT from the DEFENDANT.




Did I make a mistake in my request or is their attorney trying to trick me? I did define every capitalized term I used.

If I didn't make a mistake, can I mention something in my Trial Brief regarding Plaintiff's incorrect objections? (assuming they are incorrect, of course.)

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For interrogatories, you are not supposed to include any "definition" section.  CCP 2030.060.  So what California lawyers do is to capitalize the term the first time it appears and put the definition in parentheses in the interrogatory itself.  For example:


Please state the date of the last payment made on the ACCOUNT (as used herein, the term "ACCOUNT" shall mean Chase Bank credit card account #1234567).

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