SECTIONS 2033.410-2033.420 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2033.410-2033.420

2033.410. (a) Any matter admitted in response to a request for
admission is conclusively established against the party making the
admission in the pending action, unless the court has permitted
withdrawal or amendment of that admission under Section 2033.300.
(b) Notwithstanding subdivision (a), any admission made by a party
under this section is binding only on that party and is made for the
purpose of the pending action only. It is not an admission by that
party for any other purpose, and it shall not be used in any manner
against that party in any other proceeding.

2033.420. (a) If a party fails to admit the genuineness of any
document or the truth of any matter when requested to do so under
this chapter, and if the party requesting that admission thereafter
proves the genuineness of that document or the truth of that matter,
the party requesting the admission may move the court for an order
requiring the party to whom the request was directed to pay the
reasonable expenses incurred in making that proof, including
reasonable attorney's fees.
(b) The court shall make this order unless it finds any of the
following:
(1) An objection to the request was sustained or a response to it
was waived under Section 2033.290.
(2) The admission sought was of no substantial importance.
(3) The party failing to make the admission had reasonable ground
to believe that that party would prevail on the matter.
(4) There was other good reason for the failure to admit.