Cases: Requests for Admission

Year End Wrap-Up: Mike & Marc’s Top 20 Attorney’s Decision Fees Decisions–Part 2 of 2.

Cases: Civil Rights, Cases: Class Actions, Cases: Costs, Cases: Experts, Cases: Liens for Attorney Fees, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees, Cases: Requests for Admission, Cases: Retainer Agreements, Cases: Section 1717, Cases: Special Fee Shifting Statutes

     Here is the second installment of our top 20 decisions.      10. Jankey v. Lee, 181 Cal.App.4th 1173 (1st Dist., Div. 4 2010), review granted, No. S180890 (May 12, 2010) — authored by Presiding Justice Ruvolo; discussed in our Feb. 6, 2010 post.      Attorney’s fees are awardable to a prevailing defendant under Civil […]

Requests For Admissions: No Costs Of Proof Sanctions Awarded Where Personal Injury Plaintiffs Had Basis For Denial At Discovery Stage

Cases: Requests for Admission

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 (4th Dist., Div. 2 Nov. 3, 2010) (unpublished), a trial court rejected a defense request for an award of $60,493 in costs of proof sanctions against personal injury

Requests For Admissions: $177,030.76 Cost of Proof Sanctions Goes POOF! When Court Of Appeal Finds That Only One Out Of 7 RFAs Was Material

Cases: POOF!, Cases: Requests for Admission

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  The trial court in Windward Capital Management Co. v. Christenson, Case No. B210898 (2d Dist., Div. 2 Oct. 13, 2010) (unpublished) imposed costs

Requests For Admissions And Routine Costs: Denial Of RFA Expenses And Partial Denial Of Routine Costs Is Affirmed On Appeal

Cases: Costs, Cases: Requests for Admission

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 Sept. 28, 2010) (unpublished) is a virtual primer on the standards to be met to recover fees/expenses under the request for admission sanctions statute codified at Code of Civil Procedure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

Requests For Admissions: Corporate General Counsel Defendant and Corporate Defendant Hammered With $123,455 In RFA “Costs Of Proof” Sanctions In Personal Injury Case

Cases: Appeal Sanctions, Cases: Requests for Admission

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

Requests for Admissions: Court Of Appeal Reverses $55,420 Costs-of-Proof Award Against Legal Malpractice Plaintiff

Cases: Allocation, Cases: Requests for Admission

  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

Requests for Admission: Only Party, Not Party’s Attorney, Can Be Exposed To Costs Of Proof Fee Order

Cases: Requests for Admission

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

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