Cases: Requests for Admission

  Defense Waived Sanctions By Not Moving to Compel Further Responses to Incomplete RFA Responses.      We have blogged many times before on the “costs of proof” sanctions available to litigants that can show the opponent made them expend unnecessary fees and costs in proving facts at trial that were denied in earlier requests for

  Appellate Court Remands Cause to Lower Court For Purposes of Satisfying This Standard.      Gaskin v. Wegman, Case No. B234124 (2d Dist., Div. 5 May 9, 2012) (unpublished) provides a valuable lesson to all litigators and litigants seeking cost-of-proof “sanctions” under California Code of Civil Procedure section 2033.420. (For a short recap, this is

  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      The Cadle Company II, Inc. v. Bell, Case No. A128685 (1st Dist., Div. 4 Aug. 11, 2011) (unpublished) was an appeal of a $4,860.51 costs-of-proof sanction under Code of Civil Procedure section 2033.20, which authorizes the lower court to award fees against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      Now, in an unpublished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