In California state court, if the opposing party fails to timely respond to your Requests for Admissions (RFAs), you have a valuable tool at your disposal: the motion to have facts deemed admitted along with mandatory attorneys’ fees as sanctions.

California Code of Civil Procedure section 2033.280 provides that failure to provide timely responses means “[t]he party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product.”  It further provides that “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.”  Importantly, the statute requires the court to impose a monetary sanction, including attorneys’ fees, on the party or attorney whose failure to respond made your motion necessary.

This is more than a procedural remedy; it is a tactical opportunity.  Deemed admissions can significantly narrow the issues in dispute—or even eliminate the need for trial on key claims or defenses.

Track RFA deadlines meticulously.  Missing a response deadline can trigger severe consequences for the opposing party—and present a critical leverage point for your client.