Miller v. Marina Mercy Hospital

Appellants are seven doctors who sued respondents Marina Mercy Hospital, Marina Mercy Management Corporation and William Born for breach of contract, fraud and an accounting during the first half of 1982. Respondents, however, initiated discovery by sending interrogatories and requests for admissions in August 1982. Appellants were to have an accountant review respondent hospital’s documents during September so that the interrogatories and requests for admissions could be answered. The parties agreed to extend the time to answer until October 10, 1982. Due to a misunderstanding about which documents were to be made available, respondents’ records were not reviewed by appellants. Appellants did not respond by October 10, and on October 12, 1982, respondents notified appellants that the admissions were deemed admitted. Appellants sought relief from the deemed admissions under Code of Civil Procedure section 473. They simultaneously filed a motion for production of documents. Respondents filed a motion for judgment on the pleadings or, alternatively, a summary adjudication of the issues. All motions were originally scheduled for hearing on December 10. Appellants’ motion to…