Judge: Maurice A. Leiter, Case: 23STCV06193, Date: 2025-04-08 Tentative Ruling

Case Number: 23STCV06193    Hearing Date: April 8, 2025    Dept: 54

Hearing Date: April 8, 2025

Department 54, Judge Maurice A. Leiter

Motion to Withdraw Admissions

Moving Party: Defendant Stolar Law Group

Responding Party: Plaintiff Vardui Rose Barsmyan

T/R:      DEFENDANT'S MOTION TO WITHDRAW ADMISSIONS IS GRANTED.

DEFENDANT TO NOTICE.

The Court considers the moving papers and opposition.

“A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.” (CCP § 2033.300(a) and (b).)

Defendant moves to withdraw admissions made relating to payments made via check. Defendant asserts that after answering the RFAs, Defendant obtained copies of the subject checks and realized that they were payable to Plaintiff’s counsel rather than Plaintiff, changing the substance of Defendant’s responses to RFAs. In opposition, Plaintiff asserts that the checks are not material to the RFAs and argues that Defendant has not shown mistake, inadvertence, or excusable neglect.

The Court will allow Defendant to withdraw admissions. Defendant represents that a mistake of fact resulted in erroneous admissions. This is sufficient to show entitlement to withdraw the admissions. Defendant’s motion is GRANTED.