1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) ORDER PERMITTING WITHDRAWAL OF
13 vs. ) REQUESTS FOR ADMISSION DEEMED
) ADMITTED; MEMORANDUM OF POINTS AND
14 Any Defendant, and DOES 1-5 ) AUTHORITIES; DECLARATION OF _______
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )

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19 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that on _______________ at _________M., or as soon after that as
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the matter can be heard, Department ________ of the above-entitled court located at
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______________________________, defendant __________ will and does move this Court for an
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24 Order permitting withdrawal of all of the Requests for Admission that were deemed admitted against

25 him pursuant to the Courts ruling on ___________________. Said Motion will be made pursuant to
26
Code of Civil Procedure 2033.300 in that Defendant, ________________, failure to timely respond
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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMISSIONS
 1 to the Requests for Admissions that were propounded to him was due to mistake and indavertance as
2 more fully set forth in the Declaration of _____________________
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The Motion shall be based on this Notice and the attached Motion to Vacate Default and
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Order Striking Answer, the attached Memorandum of Points and Authorities, the attached Declaration
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of __________________, on the complete files and records of this action, and on such other oral

7 and/or documentary evidence as may be presented at the hearing on the Motion.

9
Dated________________ _______________________________________________
10 ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMISSIONS
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff, ________ (Plaintiff ) filed her complaint against Defendant, _____________
5

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(Defendant). The first cause of action of the complaint is for __________, the second cause of

7 action is for _______________.

8 Defendant denies all of the allegations of the complaint filed by Plaintiff.

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On or about ______________, the Court entered an order deeming Plaintiffs requests for
10
admission numbers ________________deemed admitted. This was due to Defendant failing to timely
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respond to certain discovery sent to him by Plaintiff. Defendant contends that his failure to timely
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13 respond was due to several factors, including the fact that he lacked the funds to have someone

14 prepare his responses, the fact that he was unaware that he would be in default due to the motions
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filed by Plaintiff. Defendant further contends that even though he had served responses and
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supplemental to the discovery, counsel for Plaintiff continued to claim that they were insufficient, and
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further claimed that Defendant had no right to any objections, even though the Court had never ruled
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19 that Defendant had no right to object, and that Plaintiff bombarded him with motions in an attempt to

20 pressure him into settling.

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Defendant contends that the Court should order that the requests for admission that were
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deemed admitted be withdrawn because his failure to timely respond was due to his mistake and
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inadvertance, and that Plaintiff will not be prejudiced in maintaining her action on the merits.
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25 DO NOT JUST USE THE WORDING CONTAINED HERE. BE SURE TO

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INCLUDE THE PARTICULAR FACTS OF YOUR INDIVIDUAL CASE
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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMISSIONS
 1 To purchase the entire 10 page document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-for-
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withdrawal-of-admissions-for-california
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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMISSIONS