Wilcox v. Birtwhistle

Opinion

BROWN, J.

In this case we consider whether a party who fails to respond to a request for admissions under Code of Civil Procedure section 2033 and has a “deemed admitted order” entered against him may withdraw or amend these deemed admissions pursuant to subdivision (m) of that statute. We conclude that subdivision (m) permits the withdrawal or amendment of admissions deemed admitted for failure to respond.

I. Factual and Procedural Background

The facts are undisputed. Mark Lee Wilcox, a minor appearing by and through his mother and guardian ad litem, Maria J. Wilcox, and Jerry Lee…