Oehlert

I.

BACKGROUND

Cherednychenko is the downhill neighbor of plaintiffs John and Elizabeth Oehlert. Acting individually and as trustees of their marital trust, the Oehlerts brought this action to stop Cherednychenko and her then- husband from obstructing a drainage system that operates on the parties’ adjoining properties. The first and second causes of action were for nuisance and trespass, and the third and fourth were for injunctive and declaratory

1 relief.1 Cherednychenko filed a cross-complaint, alleging negligence, fraud, slander and libel, invasion of privacy, trespass, and loss of consortium. During the course of discovery, the Oehlerts served Cherednychenko with a second set of requests for admissions that included 21 requests aimed at the allegations in her cross-complaint. The requests sought admissions that Cherednychenko did not have evidence that plaintiffs had been intentionally or maliciously pumping water onto her property, or that plaintiffs had committed fraud against her, or that plaintiffs had invaded her privacy or trespassed on her property. Cherednychenko did not respond, and the Oehlerts successfully moved to have the requests deemed admitted and for…