Billings

Defendants obtained a summary judgment against plaintiff Esther Anne Billings based upon facts deemed admitted by her because she failed to respond to defendants’ request for admissions of fact. (Code Civ. Proc., § 2033.) After plaintiff’s motion for relief under Code of Civil Procedure section 473 was denied she filed this appeal.

Facts

Plaintiff and appellant commenced a personal injury action (slip and fall) against John Edwards, Kenny Edwards, Bryant Exterminators and John Edwards Pest Control, defendants and respondents. On May 18, 1979, Carol Laurie, an employee of defendants’ counsel, served upon plaintiff’s attorney, defendants’ answer to the complaint. On the same date, according to defendants’ counsel, another employee, Linda Hinton, in the same office, served upon plaintiff’s attorney a request for admissions and corresponding interrogatories propounded upon the plaintiff by defendants in the matter. The request for admissions was made pursuant to Code of Civil Procedure section 2033. The provisions of section 2033 that are pertinent to this appeal can be summarized as follows:

On June 22, 1979, defendants’ counsel having received no response to the request…