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WILCOX v. BIRTHWHISTLE

No. F026993.

78 Cal.Rptr.2d 464 (1998)

Mark Lee WILCOX et al., Plaintiffs and Appellants, v. William BIRTWHISTLE, M.D., Defendant and Respondent.

Court of Appeals of California, Fifth District.

Review Granted December 22, 1998.

Attorney(s) appearing for the Case

Allan Lerch & Associates, Allan Lerch and Richard J. Reilley, San Francisco, for Plaintiffs and Appellants.

Dummit, Faber & Briegleb and Randall R. McKinnon, Sacramento, for Defendant and Respondent.

OPINION

ARDAIZ, Associate Justice.

INTRODUCTION

Code of Civil Procedure section 2033 governs the use of requests for admission in civil cases. Subdivision (k) of that statute provides that when a party to whom requests for admission have been directed fails to serve a timely response, the requesting party "may move for an order that ... the truth of any matters specified in the requests be deemed admitted...." Subdivision (k) further provides...

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