Cases: Requests for Admission

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 Dockstader v. Amoroso Construction Co., Inc., Case No. B197343 (2d Dist., Div. 5 Aug. 26, 2008) (unpublished), a qui tam plaintiff lost a demurrer against some private defendants for reimbursement of costs relating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

ATTORNEYS DEFENSING LEGAL MALPRACTICE CLAIM AT SUMMARY JUDGMENT STAGE AWARDED $80,962 IN “COST OF PROOF” FEES INCURRED IN PROVING FACTS IMPROPERLY DENIED IN THE REQUESTS FOR ADMISSION PROCESS

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

Second District Corrects Clerical Error and Affirms Substantial “Cost of Proof” Award Against Losing Attorney Malpractice Plaintiff.             In our June 6, 2008 post, we reviewed the fee-shifting provision of Code of Civil Procedure section 2033.430(a).  Briefly summarizing, that provision allows a trial court to award “costs of proof,” including reasonable attorney’s

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