Cases: Requests for Admission

Allocation, Requests For Admission, Special Fee Shifting Provision: 4/1 DCA Affirms Denial Of Fees To Prevailing Defendant Under Consumer Data Access And Fraud Act, But Remands For Determination Of RFA Costs-Of-Proof Sanctions For Request Denials

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

Failure To Allocate Fatal On The CDAFA Claim, But Lack Of Any Evidence During A Jury Trial Meant Some Costs-of-Proof Sanctions Were in Order on Remand.             In Yeng Midas Touch, Inc. v. Phanichkul, Case No. D080981 (4th Dist., Div. 1 Nov. 29, 2023) (unpublished), plaintiff lost various tort and a claim under the Computer […]

Requests For Admission, Section 998: $500,000 Costs Of Proof Sanctions Award Reversed And Failure To Consider Pre-Judgment Impact Of Defense Section 998 Was Further Error

Cases: Requests for Admission, Cases: Section 998

Remands Were In Order Because Costs Of Proof Sanctions Were Not Properly Tethered To The Proof Of The Matters Denied And Defense Section 998 Offer Impact Should Not Have Been Held In Abeyance Pending Appeal             Well, now that we are past the Thanksgiving holidays, the defense must be giving thanks for the results in

Requests For Admission, Section 998: RFA Costs-Of-Proof Sanctions Improperly Denied, But Defense CCP § 998 Costs Were Correct

Cases: Requests for Admission, Cases: Section 998

Playing Cute With Business Records Admissibility Issues Might Lead To RFA Sanctions.             In Vargas v. Gallizzi, Case No. B317540 (2d Dist., Div. 7 Oct. 13, 2023) (published), personal injury plaintiffs prevailed against defendant but only obtained jury verdicts amounting to $30,000 based on a prior appeal and subsequent jury verdict.  But that then led

Requests For Admission, Section 998: Plaintiffs’ 998 Offer Was Invalid And Costs-Of-Proof Sanctions Properly Denied

Cases: Requests for Admission, Cases: Section 998

Performance Components Of 998 Offer Were Too Ambiguous; RFAs Were Either Of No Substantial Importance Or Not Unreasonably Denied.             In Jarecki v. Zitter, Case No. D078314 (4th Dist., Div. 1 Sept. 26, 2023) (unpublished), a drainage dispute developed between property owners and downslope neighbors, resulting in plaintiffs losing a trespass claim but prevailing on

Requests For Admission: Defense Request For Costs-Of-Proof Sanctions Denied Because Statute Of Limitation Issues Were Imprecisely Tied To The Merits And No Apportionment of Statute Of Limitation Tolling Issues Was Established

Cases: Requests for Admission

The Need For Precision In Allocating Fee Recovery Under CCP § 2033.420 Is Made Clear Here.             In Flores v. Medical Holdings, Inc., Case No. B317695 (2d Dist., Div. 3 Sept. 20, 2023) (unpublished), the defense propounded denied RFAs on statute of limitation issues, ultimately prevailing on this issue at trial.  Feeling emboldened, the defense

Requests For Admission: Costs Of Proof Sanctions Were Warranted Where City Won Summary Judgment On Taking Claim And The Denied Ripeness RFA Was Material

Cases: Requests for Admission

$32,500 In Attorney’s Fees Was The Sanction Award Sustained On Appeal.             In Forat v. City of Los Angeles, Case No. B313816 (2d Dist., Div. 2 June 14, 2023) (unpublished), City asked plaintiff to admit that a taking claim was not ripe, an RFA which was denied and with plaintiff’s position leading to the overruling

Requests For Admission: $1,000,981.50 In Costs Of Proof Sanctions Awarded To Defendants Who Defeated Plaintiffs’ Claims At Trial Are Reversed On Appeal

Cases: Requests for Admission

Plaintiffs’ Lack Of Success At Trial Does Not Demonstrate That They Acted Unreasonably Or In Bad Faith In Denying Requests For Admissions Propounded By Defendants.             In Walter v. Estate Strategies, Case No. B280172 (2d Dist., Div. 6 December 5, 2022) (unpublished), defendants moved for and were awarded $1,000,981.50 in costs of proof sanctions, under

Costs, Deadlines, Requests For Admission, Section 998: 2/8 DCA Affirms Denial Of Costs Of Proof Sanctions And Untimely Fee Request, Sustains Some Costs Despite A Costs Memo Verification, And Reversed Expert Fee Award Based On Invalidity Of 998 Offer

Cases: Costs, Cases: Deadlines, Cases: Requests for Admission, Cases: Section 998

Panoply Of Issues Addressed In This One.             In Bogdan v. Polak, Case Nos. B306264/B309780 (2d Dist., Div. 8 Apr. 6, 2022) (unpublished), landlord won a gnarly retaliatory eviction lawsuit against tenant based on some nonsuits and an eventual jury trial.  In postjudgment proceedings, the lower court denied landlord’s attorney’s fees request as untimely, awarded

Requests For Admission: Costs-Of-Proof Sanctions Properly Denied Based On Ambiguity Of Requests And No Substantial Importance For Negligence Issues In Play

Cases: Requests for Admission

No Abuse Of Discretion Demonstrated.             In Cleveland v. Taft Union High School Dist., Case No. F080084 (5th Dist. Mar. 25, 2022) (unpublished), plaintiff obtained a $2 million negligence verdict against District in assessing the threat posed by a student who shot plaintiff in the stomach with a shotgun.  Plaintiff then moved for RFA costs-of-proof

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