Cases: Requests for Admission

  RFA Denials Were Made In Good Faith and Other Denied RFAs Were Not Of Substantial Importance.      In our category, “Requests for Admissions,” we have posted on several cases discussing Code of Civil Procedure section 2033.420, which does allow the trial court to award attorney’s fees and costs to a litigant who proves material

RFAs Were Of Central Importance and Denials Were Not Reasonable in Nature.      The Cadle Company II, Inc. v. Bell, Case No. A128685 (1st Dist., Div. 4 Aug. 11, 2011) (unpublished) was an appeal of a $4,860.51 costs-of-proof sanction under Code of Civil Procedure section 2033.20, which authorizes the lower court to award fees against

  RFA Cost-of-Proof Sanctions Cannot Be Assessed Against Litigant’s Attorney.      In our August 11, 2010 post, we explored Estate of Manuel, 187 Cal.App.4th 400, 404-405 (2010), where the Second District, Division 3 concluded that RFA cost-of-proof sanctions can only be assessed against a party rather than the party’s attorney.      Now, in an unpublished

Specify, Specify … Otherwise, Lose the Fee Award!      We do have a category entitled “Requests for Admissions.” Read it. There are lessons to be learned. One of them is to make sure that the RFA denials relate to something tangible–causation, or however else you want to parse it, but make the denials relate to

Failure to Admit Four Specific RFAs Propounded By Defense Justified $7,741.48 in Attorney’s Fees Under CCP § 2033.420.      In our category “Requests for Admissions,” we have explored the requirements of Code of Civil Procedure section 2033.420 which, in a nutshell, authorizes imposition of fees and costs for denying a request for admission unless there

Fourth District, Division 2 Affirms Trial Court’s Denial of RFA Costs of Proof Request.      In Chiang v. J.B. Hunt Transport, Inc., Case Nos. E047560 et al. (4th Dist., Div. 2 Nov. 3, 2010) (unpublished), a trial court rejected a defense request for an award of $60,493 in costs of proof sanctions against personal injury

Daughter Had No Objective Basis To Deny RFAs.      Under our category “Requests for Admissions,” we have explored many, many cases on “costs of proof” sanctions under Code of Civil Procedure section 2033.420, allowing a sanctions of fees and costs for proving at trial a denial of RFAs unless certain exceptions are met. Daughter/appellant in