California Court of Appeal
167 Cal. Rptr. 3d 517 (2014)
Lisa St. Mary (plaintiff) invested $475,000, her life savings, with Cedar Funding, Inc. (Cedar Funding) (defendant). The entire investment was lost. St. Mary sued Cedar Funding, Thomas Schellenberg, and Katherine Mills (defendants) for fraud. Schellenberg and Mills served requests for admissions, sometimes referred to as RFAs, on St. Mary. St. Mary asked for an extension of her response deadline. However, the day after the deadline, Schellenberg and Mills denied St. Mary’s extension request. St. Mary responded four days after the deadline. The majority of St. Mary’s responses were just the word “admit” or “deny.” After receiving the responses, Schellenberg and Mills filed a motion to deem all the requests admitted, claiming that the responses were legally deficient. The trial court examined each response and determined that 41 responses were not unequivocal admissions or denials. The trial court then partially granted the motion, deeming those 41 RFAs admitted. St. Mary appealed.
Rule of Law
Holding and Reasoning (Marquez, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.