The trial court had initially found that the opposing party unjustifiably failed to respond to our client’s requests for admissions. However, the trial court denied our client’s motion to deem the matters admitted because the opposing party served responses shortly after the trial court’s initial finding.
Horvitz & Levy filed a writ petition with the Court of Appeal challenging the order, arguing it violated a statutory mandate to grant the motion for deemed admissions and prevented our clients from having a fair opportunity to litigate their case. The Court of Appeal agreed with us and issued an alternative writ, causing the trial court to vacate its prior order and enter a new order deeming the matters admitted.
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