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 (4th Dist., Div. 2 Nov. 3, 2010) (unpublished), a trial court rejected a defense request for an award of $60,493 in costs of proof sanctions against personal injury […]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
Matter Remanded To Decide Sanctions for One Germane RFA. Appellate courts do scrutinize costs of proof sanctions under Code of Civil Procedure section 2033.420 carefully, as the next case demonstrates. The trial court in Windward Capital Management Co. v. Christenson, Case No. B210898 (2d Dist., Div. 2 Oct. 13, 2010) (unpublished) imposed costs
Sixth District Gives a Primer on RFA Expenses and Routine Costs Awards. Berkman v. City of Morgan Hill, Case No. H032205 (6th Dist. Sept. 28, 2010) (unpublished) is a virtual primer on the standards to be met to recover fees/expenses under the request for admission sanctions statute codified at Code of Civil Procedure section
Second District, Division 2 Affirms And Awards $5,000 For a Frivolous Appeal. In our category “Requests for Admissions,” we have discussed numerous cases examining the “costs of proof” sanctions under Code of Civil Procedure section 2033.420 for litigants that unreasonably deny RFAs for matters later proven true at trial. (The most potent sanction is
Second District, Division 3 Remands For Costs-of-Proof Award Recalculation. Under our sidebar category “Requests for Admissions,” we have looked at many decisions examining the costs-of-proof statute set forth in Code of Civil Procedure section 2033.420(a), which allows the court to order a party improperly denying a request for admission to reimburse another party
Also, Second District, Division 3 Decides Fee Award Not Tethered to Actual Costs of Proof of Denied Admissions. Here is a “biggie” under our category “Requests for Admissions,” a just published Second District, Division 3 decision—Estate of Manuel, Case Nos. B210701/B215380 (2d Dist., Div. 3) (Aug. 10, 2010) (certified for partial publication)—authored by Acting
Second District, Division 4, Explains You Better Move to Compel if You Want to Preserve the Right to Fees Under CCP 2033.420. The underlying facts of the next case were dramatic. A fight broke out at the Rits Cafe culminating in the shooting death of one person and the wounding of another. Lawsuits followed
Second District, Division 8 So Rules. KL Trading Co. v. Dahan, Case No. B215182 (2d Dist., Div. 8 July 14, 2010) (unpublished) is a very pragmatic decision in the RFA fee shifting area. The problem is that plaintiff requested $ 56,956.25 in fees for proving certain RFAs not admitted in responses, despite any specific
Standard of Review Was Determinative in This One. When statutes give trial court discretionary calls on fee requests, appellate courts review such calls under a very deferential standard of review. This deferential standard—abuse of discretion–was determinative in the next case we review. In Ross v. Frank, Case No. B211125 (2d Dist., Div. 1
