Requests For Admissions: $25,000 Costs of Proof Sanctions Affirmed On Appeal

 

Improper Negligence Theory Warranted Sanctions For Denial Of One RFA.

     The appellate court in Sasser v. Allstate Ins. Co., Case Nos. A131906 et al. (1st Dist., Div. 2 July 8, 2013) (unpublished) affirmed a lower court’s decision to impose $25,000 in “costs of proof” sanctions for a plaintiff’s denial of one RFA after finding that a negligence claim was meritless. Although the defense had sought $131,000 in fees, the trial judge did not err in finding a lesser amount was necessary to compensate the defendant for plaintiff’s wrongful RFA denial under CCP § 2033.420. Plaintiff could not surmount the abuse of discretion review standard.

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