Cases: Requests for Admission

Requests For Admissions: Court Of Appeal Reverses Denial Of RFA Sanctions Where Trial Court Found No Reasonable Basis for Denials But Found No Additional Work Expended

Cases: Requests for Admission

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 […]

Consumer Statutes And Requests For Admissions: Court Of Appeal Denies Unfair Competition Defendants’ Request For Fees Under Section 17200 Or Under RFA Sanctions Statute

Cases: Consumer Statutes, Cases: Requests for Admission, Cases: Section 1717

No Basis For Fees Based On Defensed Claims; No Abuse of Discretion in Denying RFA Sanctions.       In Chichi v. Ennen, Case No. D053410 (4th Dist., Div. 1 Sept. 18, 2009) (unpublished), plaintiffs brought a class action under California’s unfair competition statute based on violations of several other California statutes. After plaintiffs rested their case-in-chief

Requests for Admissions: Court Of Appeal Reverses $17,500 Fee Award Granted Against Plaintiff Suffering Nonsuit In Premises Liability/Negligence Lawsuit Against HOA

Cases: Requests for Admission

  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

RFA Cost-Shifting: Court Of Appeal Affirms $165,724.65 Award For Plaintiff’s Failure To Admit The Truth of RFAs Of Substantial Importance In Accounting Malpractice Case

Cases: Discovery, Cases: Requests for Admission

Second District, Division 1 Finds Award Was No Abuse of Discretion.      In our category “Requests for Admissions,” we have discussed numerous cases where substantial fees and costs have been awarded or not awarded when a litigant (usually a defendant) challenged a plaintiff’s refusal to admit the truth of certain requests for admissions. Code of

Requests For Admissions: Segregate Time And Apportion To RFA Denials … Or Bear The Consequences—No Fee Recovery

Cases: Requests for Admission

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

Requests For Admission: Denial Of Seven Key Admissions Justified $32,400 Attorney’s Fees Award

Cases: Requests for Admission

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

Requests For Admissions: Court Of Appeal Reverses Denial Of Fees And Remands For New Determination

Cases: Requests for Admission

  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

RFA Cost of Proof Fee Awards: A Two-Fer … Appellate Courts Do Not Allow Them In Two Recent Cases

Cases: Requests for Admission

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

Nonvictorious Qui Tam Plaintiff Is Not Assessed With Requests For Admission Sanctions Or Attorney’s Fees For Bringing A Frivolous Action

Cases: Civil Rights, Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

Second District So Rules Even Though Plaintiff Lost at the Demurrer Stage.             In State of California ex rel. Dockstader v. Amoroso Construction Co., Inc., Case No. B197343 (2d Dist., Div. 5 Aug. 26, 2008) (unpublished), a qui tam plaintiff lost a demurrer against some private defendants for reimbursement of costs relating

LOSING PLAINTIFF IN DANGEROUS PUBLIC PROPERTY CASE DOES NOT SUFFER ADVERSE AWARD OF FEES UNDER THE REQUEST FOR ADMISSION “COST OF PROOF” SCHEME OR CODE OF CIVIL PROCEDURE SECTION 1038

Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

Fourth District, Division Two Splits Sharply On Fee Award Denial By Lower Court .             Mr. Leviant, of The Complex Litigator, has done a very insightful synopsis of Laabs v. City of Victorville, Case No. E040778 (4th Dist., Div. 2 June 12, 2008) (certified for publication) on the subject of when “cost

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