Cases: Requests for Admission

FEHA/RFA Fee Shifting: Trial Court Did Not Abuse Discretion In Denying Defense Fee Request Of $204,723

Cases: Choice of Law, Cases: Requests for Admission

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 […]

Requests For Admissions: Sizable Sanctions Reversed Where Denying Party Had Reasonable Basis For Responses When RFAs Served Early In Proceedings

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      In Fiore v. Kahana, Case No. B209133 (2d Dist., Div. 7 Dec. 17, 2009) (unpublished), the trial court granted a $78,043 costs of proof sanctions for a party’s denial of requests for admissions pursuant to Code of Civil Procedure section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

Requests for Admissions

Cases: Requests for Admission

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

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       In Chichi v. Ennen, Case No. D053410 (4th Dist., Div. 1 Sept. 18, 2009) (unpublished), plaintiffs brought a class action under California’s unfair competition statute based on violations of several other California statutes.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

Scroll to Top