§ 2033.080.Motion for protective order; types of protective orders;
Title 4. Civil Discovery Act · Chapter 16. Requests for Admission · Article 1. Requests for Admission · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2033.080 lets a responding party move promptly for a protective order against requests for admission after a required meet-and-confer, authorizes relief such as excusing responses, finding the number unwarranted, extending time, protecting trade secrets, or sealing answers, and mandates a sanction against whichever side loses the motion absent substantial justification.
(a)When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b)The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:
(1)That the set of admission requests, or particular requests in the set, need not be answered at all.
(2)That, contrary to the representations made in a declaration submitted under Section 2033.050, the number of admission requests is unwarranted.
(3)That the time specified in Section 2033.250 to respond to the set of admission requests, or to particular requests in the set, be extended.
(4)That a trade secret or other confidential research, development, or commercial information not be admitted or be admitted only in a certain way.
(5)That some or all of the answers to requests for admission be sealed and thereafter opened only on order of the court.
(c)If the motion for a protective order is denied in whole or in part, the court may order that the responding party provide or permit the discovery against which protection was sought on terms and conditions that are just.
(d)The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
Once requests for admission have gone out, the responding party is not stuck answering everything as written. This section gives that party a protective-order motion, but only after first attempting to resolve the dispute informally, the motion must be accompanied by a meet-and-confer declaration confirming that genuine attempt.
If good cause is shown, the relief a court can order is broad and expressly non-exclusive. It can excuse an entire set, or particular requests, from needing a response at all; it can find that the number of requests claimed to be justified under Section 2033.040 is not warranted after all; it can extend the response deadline set by Section 2033.250; it can order that a trade secret or other confidential business information not be admitted, or be admitted only in a limited way; or it can seal some or all of the answers pending further court order. If the court denies the motion in whole or in part, it can still condition the discovery that goes forward on terms that are just to the responding party. And whichever side loses the motion faces a mandatory monetary sanction, unless the court finds substantial justification for that side's position or finds the sanction would otherwise be unjust.
Frequently Asked Questions
What must accompany a motion for a protective order against requests for admission?
A meet-and-confer declaration under Section 2016.040, showing the moving party attempted to resolve the dispute informally before filing.
What kinds of relief can a court order on a protective order motion?
Among other things, that some or all requests need not be answered, that the number of requests was unwarranted, that the response deadline be extended, that trade secret information not be admitted or be admitted in a limited way, or that answers be sealed pending further order.
What happens if the court denies the protective order motion?
It may order that discovery proceed on terms and conditions that are just to the party who sought protection.
Is a party or attorney automatically sanctioned for losing a protective order motion under this section?
Generally yes. The court must impose a monetary sanction against whoever unsuccessfully makes or opposes the motion, unless that person acted with substantial justification or the sanction would otherwise be unjust.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:ccp 2033.080 protective order requests for admissionmotion to limit number of requests for admissionmeet and confer before protective order motion