Cases: Requests for Admission

Second District, Division 7 Reverses $78,043 Costs of Proof Award.      In Fiore v. Kahana, Case No. B209133 (2d Dist., Div. 7 Dec. 17, 2009) (unpublished), the trial court granted a $78,043 costs of proof sanctions for a party’s denial of requests for admissions pursuant to Code of Civil Procedure section 2033.420(b)(3). [See our category […]

Letter from a Reader Dear Marc and Mike, One of our lawyers recently turned me on to your blog on California attorneys’ fees, and I have found it extremely helpful and informative.  This is a fantastic resource.  With that in mind, I wanted to let you know about an attorneys’ fee award received in a

Fifth District Reversed, Finding Mandatory Sanction Was In Order.      O.K., readers, go to our category “Requests for Admission” for a primer on when fees can be awarded for sanctions when a party fails to admit the truth of RFAs. (Code Civ. Proc., sec. 2033.420(a)-(b).) Now, we have a reversal of a trial court ruling

  First District, Division 1 Finds HOA Never Had To Prove The Truth Of Matter Initially Denied But Then Admitted During Subsequent Pretrial Deposition.      In our category “Requests for Admissions,” we have explored several decisions granting or denying attorney’s fees and costs requests under Code of Civil Procedure section 2033.420. That statutory provision provides

Fourth District, Division 1 Denies Fees Based on Lack of Apportionment.      Here is a case with a pragmatic reminder for all litigators feeling they have a shot at recovering attorney’s fees under Code of Civil Procedure section 2033.420, the Discovery Act provision allowing a requesting party to recover attorney’s fees incurred in proving the

Fourth District, Division 2 Affirms Fee Award, Even Though $182,469.75 In Fees Were Requested.      Under our category “Requests for Admissions,” we have surveyed cases where courts have granted or refused substantial attorney’s fees award to litigants claiming that they had to prove facts that were unreasonably denied with respect to pretrial discovery requests for

  Fourth District, Division 1 Determines Denial of RFA Fees Was Abuse of Discretion and Needed Another Look.      In our category “Requests for Admissions,” we have surveyed past decisions which have considered Code of Civil Procedure section 2033.420, which authorizes a trial court to award attorney’s fees and costs to litigants having to incur

Second District, Division 6 Reverses Substantial Award, While Second District, Division 5 Affirms Failure to Award RFA Fee Recovery.      In our category “Cases: Discovery,” we have explored prior cases, some of which have granted substantial attorney’s fees award to litigants convincing lower courts that an opponent unreasonably denied discovery requests for admission of substantial