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California Civil Procedure, Keyed to Levine, 6th Ed.
St. Mary v. Superior Court
Citation:
223 Cal. App. 4th 762, 167 Cal. Rptr. 3d 517 (2014)Facts
Lisa St. Mary filed a fraud action against Thomas Schellenberg, Katherine Mills, and David Nilsen, alleging they defrauded her of $475,000 in life savings through misrepresentations about a real estate investment. On June 7, 2012, Schellenberg served 105 requests for admissions and Mills served 14 requests for admissions on St. Mary, with responses due July 12, 2012. St. Mary’s counsel requested a two-week extension due to the volume of discovery and his involvement in a federal jury trial, but Schellenberg denied the extension one day after the deadline, conditioning any extension on St. Mary dismissing Mills with prejudice. St. Mary served her responses four days late on July 16, 2012. Four days later, without any meet and confer efforts, real parties in interest filed a motion to deem all 119 RFAs admitted. The trial court granted the motion in part, deeming 41 of the Schellenberg RFAs admitted and awarding sanctions, finding those responses were not unequivocal denials and were incomplete.
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