Brigante

This is a case about the discretion of a trial court in ruling on a motion to deem matters admitted under Code of Civil Procedure section 2033.

The defendant was involved in a multicar accident on the Hollywood Freeway. The plaintiff, who was driving one of the other cars, filed a lawsuit against her. Despite substantial efforts to locate the defendant, none of the other parties, nor any of their attorneys or agents, has been able to reach her since the accident. Nor have any of them heard from her. Plaintiff eventually effected service by publication pursuant to a court order. At that point defendant’s insurer—for she was insured—appointed a law firm to represent her interests. The attorneys filed a general denial.

Plaintiff’s counsel sent requests for admissions (RFA’s) to defense counsel. The RFA’s tracked the complaint, paragraph by paragraph, calling upon defendant to admit or deny the truth of each of its allegations. They also asked her to admit or deny that the plaintiff had suffered at least $500,000 in damages, and that the accident was caused by defendant’s violation of two specified provisions of the Vehicle Code. Since responses to RFA’s must be verified by…