How to Answer Form Interrogatory Number 17.1 on Personal Injury Form Interrogatories

By Michael Reiter, Attorney at Law.

Discovery is an important part of any personal injury case.  Form Interrogatory Section 17.0 is labeled Responses to Request for Admissions.  This is commonly served in a personal injury case in conjunction with a Request for Admissions.  The text of Form Interrogatory Number 17.1 is:

Is your response to each request for admission served with these interrogatories an unqualified admission?  If not, for each response that is not an unqualified admission:

(a) state the number of the request;

(b) state all facts upon which you base your response;

(c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and

(d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.  Form Interrogatory 17.1 California Judicial Council Form DISC-001 (Revised January 1, 2008), Page 7 of 8.

 

The words in boldface capitals in the interrogatories are defined in Section 4 of Form Interrogatories-General.   ADDRESS is defined as “street address, including the city, state and zip code.”  PERSON means “a natural person, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity.”  DOCUMENT means “a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon a tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.”

How, then, does a plaintiff or defendant answer Form Interrogatory Number 17.1?  Here is an example.   If the Request for Admission, Number 9 is “Please admit that YOU own the property where the PLAINTIFF was injured on the date of the INCIDENT,” and you did not admit the Request for Admission, the response would be

Response to Form Interrogatory Number 17.1:

No.

(a) Request for Admissions, Set One, Request 9;

(b) Defendant did not own the property where the Plaintiff was injured on the date of the incident because Defendant had sold the property to Cr0ss-Defendant City of Rancho Muscupiabe,  on August 21, 2009;

(c) Defendant, 1255 W. Colton Avenue #104, Redlands, California, (909) 708-6055;  Cr0ss-Defendant City of Rancho Muscupiabe, 1200 Hill Drive, Rancho Muscupiabe, CA 92407, (909) 708-6055.

(d) Quitclaim deed, a recorded copy which is in possession of Cross-Defendant  City of Rancho Muscupiabe, 1200 Hill Drive, Rancho Muscupiabe, CA 92407, (909) 708-6055.

 

If each response to the Request for Admission is an unqualified admission, then the answering party must simply respond to Form Interrogatory 17.1 in this way.
Response to Form Interrogatory Number 17.1:

Yes.

This interrogatory is an important tool because it explains why a party has denied a Request for Admissions, and allows the asking party to detail why the party is not admitting to certain facts.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address: 1255 W. Colton Ave. Suite 104
Redlands, CA 92374
Telephone: (909) 708-6055
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About Michael Reiter
Michael Reiter is a Redlands, California-based lawyer, serving San Bernardino County and Riverside County in Southern California's Inland Empire. Michael Reiter is a lawyer practicing in the following fields of law: Personal Injury Law, Municipal Law, Code Enforcement Law, Small Business Law and Real Estate Law. Michael Reiter practices in all the local courts, including San Bernardino Superior Court, Riverside Superior Court, and the United States District Court for the Central District of California. Michael Reiter was admitted to the California State Bar in 1998. Michael Reiter was Assistant City Attorney for the City of Redlands, a Deputy City Attorney for the City of San Bernardino, and Staff Attorney for Legal Aid Society of San Bernardino. Michael Reiter serves all of San Bernardino and Riverside County, Orange County, and Los Angeles County. Michael Reiter can be reached at (909) 708-6055, or by electronic mail at michael@michaelreiterlaw.com.

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