Cases: Requests for Admission

Request For Admissions, Section 998: Prevailing Defendants Entitled To $108,000 In Costs-Shifting Under Section 998 And $39,140 For RFA Unreasonable Denials

Cases: Requests for Admission, Cases: Section 998

Opinion Shows How Substantial Expenses Can Be Shifted.                Doe v. Accor Hotels & Resorts, LLC, Case No. A167247 et al. (1st Dist., Div. 3 July 21, 2025) (unpublished, posted on July 22, 2025) was where a prevailing defendant group won $108,000 based on a successful CCP § 998 offer and $39,140 (out of a […]

Requests For Admission: Trial Court Properly Denied Prevailing Plaintiff’s Request For Over $1.312 Million In Costs-Of-Proof Sanctions After Garnering A Merits Judgment Of $14,258.45

Cases: Requests for Admission

Early Nature Of The RFAs, Unreasonableness Of Fee Request, And Failure To Provide Billing Which Correlated Time To RFA Proof Work Doomed Plaintiff’s Request.                Plaintiff in Polaris Blue Holdings, LLC v. Friedman, Case Nos. B316411 et al. (2d Dist., Div. 4 Jan. 15, 2025) (unpublished) won a judgment of $14,258.45 against two defendants and

Employment, Requests For Admission: Defendant Employer Not Entitled To Attorney’s Fees For Defeating Wage/Hour Claims Because Nothing Showed The Action Was Brought In Bad Faith

Cases: Employment, Cases: Requests for Admission

Costs-Of-Proof Sanctions Also Not Available Because That Would Thwart The Pro-Employee Cost-Shifting Statutory Provisions.                In Cruz v. Calop Business Systems, Inc., Case No. B337749 (2d Dist., Div. 2 Dec. 26, 2024) (unpublished), employee lost wage/hour and unfair competition claims after not opposing a defense summary judgment motion.  However, no finding was ever made that

Default Judgment, Reasonableness Of Fees, Requests For Admission: Lower Court Properly Rejected Default Judgment Request Of About $308,000 In Fees Where Compensatory Damages Were Around $48,000

Cases: Default Judgments, Cases: Reasonableness of Fees, Cases: Requests for Admission

Fee Award Of $4,498.46 Was Proper, Given Inflated Fee Request; Costs Of Proof Sanctions Of $11,852.50 Out Of A Requested $123,016.40 Was Not Improper.                As only Justice Wiley can do in his individual writing style, he reminds us in LCPFV, LLC v. Somatdary Inc., Case No. B325599 (2d Dist., Div. 8 Nov. 13, 2024)

Requests For Admission: Where Proposed Responses Were Provided, Lower Court Abused Its Discretion By Deeming RFAs Admitted Based On Prefatory Waived Objections

Cases: Requests for Admission

Too Draconian Of A Result, So Monetary Sanctions Had To Be Revisited.                In Katayama v. Continental Investment Group, Case No. G063872 (4th Dist., Div. 3 Oct. 9, 2024) (published), a lower court admitted certain RFAs because the responding party made objections which had been waived even though that party did provide proposed responses.  Monetary

Requests For Admission: Litigant’s Appeal Fees In Sustaining Costs-Of-Proof Sanctions Were Properly Denied

Cases: Requests for Admission

CCP § 2033.420’s Language Does Not Allow For Recovery Because The Appellate Fees Were Not Linked To Obviating The Need For Proof.                In Duncombe v. Barfresh Food Group, Inc., Case No. B334220 (2d Dist., Div. 2 Oct. 1, 2024) (unpublished), a litigant incurred appellate fees of $29,722,77 when defending a costs-of-proof sanctions order under

Requests For Admission: Defendant Summary Judgment Winner Properly Denied “Costs Of Proof” Sanctions For Plaintiff’s Denial Of Two RFAs

Cases: Requests for Admission

Defendant Failed To Prove True The Matters At Issue Under The RFAs.                In Decuir v. West Coast Escrow, Case No. B325278 (2d Dist., Div. 4 Sept. 5, 2024) (unpublished), defendant won a summary judgment motion, later moving for $36,000 in “costs of proof” sanctions under CCP § 2033.420 for plaintiff’s denial of 2 RFAs—with

Requests For Admission: Lower Court Properly Denied Prevailing Defendant’s Request For Costs-Of-Proof Sanctions Of $67,177.38 In Fees And Costs

Cases: Requests for Admission

RFAs Were Not Worded Correctly And Not Of Substantial Importance.                If you are going for RFA costs-of-proof sanctions under CCP § 2033.420, you should make sure that the RFAs are properly worded to get at facts which must be proven at trial.  They also must be requested at a juncture of the case where

Arbitration, Requests For Admission: Arbitrator Award Of RFA Costs Of Proof Sanctions Reversed In Review Of Uninsured Motorist Arbitration Proceedings

Cases: Arbitration, Cases: Requests for Admission

Only A Trial Judge Can Order Discovery Sanctions Under Uninsured Motorist Arbitration.                We did know that uninsured motorist arbitrations are a niche area for practitioners in the area.  That is confirmed by the result in Ourfali v. 21st Century Ins. Co., Case No. B324150 (2d Dist., Div. 4 Mar. 27, 2024) (unpublished).  There, in

Allocation, Requests For Admission, Special Fee Shifting Provision: 4/1 DCA Affirms Denial Of Fees To Prevailing Defendant Under Consumer Data Access And Fraud Act, But Remands For Determination Of RFA Costs-Of-Proof Sanctions For Request Denials

Cases: Allocation, Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

Failure To Allocate Fatal On The CDAFA Claim, But Lack Of Any Evidence During A Jury Trial Meant Some Costs-of-Proof Sanctions Were in Order on Remand.             In Yeng Midas Touch, Inc. v. Phanichkul, Case No. D080981 (4th Dist., Div. 1 Nov. 29, 2023) (unpublished), plaintiff lost various tort and a claim under the Computer

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