Cases: Requests for Admission

Requests for Admission: Trial Court Did Not Err In Denying “Costs Of Proof” Sanctions Where Trial Court Implied A License Based On Recorded Documents

Cases: Requests for Admission

RFA Denials Were Properly Based On Documents Which Would Not Necessarily Conclude An Implied License Was At Issue.             We have posted, many times, on “costs of proof” sanctions under CCP § 2033.420.  Most generally, these awards or denial of requests under that provision are factually oriented.  Badger v. Terribilini, Case No. A161178 (1st Dist., […]

Requests For Admission: $189,532.50 Costs-Of-Proof Sanctions Generally Affirmed With Minor Adjustments

Cases: Requests for Admission

No Motion To Compel Is Necessary Except Under Certain Circumstances And Costs-Of-Proof Sanctions Not Limited To Trial Evidentiary Stages.             In DeJong v. Beach, Case Nos. C085462/C086526 (3d Dist. Sept. 13, 2021) (unpublished), the Third District affirmed major parts of a trial court’s grant of RFA costs-of-proof sanctions in the amount of $189,532.50.  Here are

Requests For Admission: Trial Court’s Denial Of Prevailing Plaintiff’s Request For Costs Of Proof Fees Affirmed.

Cases: Requests for Admission

The Record Showed The Existence Of At Least One Of The Four Exceptions To The Otherwise Mandatory Fee Award Under Code Civ. Proc. § 2033.420.             In Figg v. Mann, Case No. D078585 (4th Dist., Div. 1 July 19, 2021) (unpublished), prevailing personal injury plaintiff appealed the trial court’s denial of his motion to recover

Requests For Admission, Sanctions: 2/8 DCA Reverses And Remands Trial Court’s Denial Of Costs Of Proof Sanctions To Plaintiff Association And Amends $75,190.98 Judgment Entered In Plaintiff’s Favor To Add Over $7.8 Million In Damages

Cases: Requests for Admission, Cases: Sanctions

Trial Court Was Required To Award Plaintiff Its Reasonable Fees And Costs Incurred In Proving Matters Defendants Failed To Admit Without Reasonable Grounds To Do So, And Plaintiff Association Had Standing To Seek Damages On Behalf Of Its Members.             In Assn. for L.A. Deputy Sheriffs v. Macias, Case No. B295086 (2d Dist., Div.

Deeds Of Trust, Requests For Admission, Section 1717: Civil Code § 1717 And Code Civ. Proc. § 2033.420 Award Of $191,619.47 In Attorney Fees And $29,345.97 In Costs To Defendants Prevailing Against Negligence And Fraud Claims At Trial Affirmed

Cases: Deeds of Trust, Cases: Requests for Admission, Cases: Section 1717

Civil Code § 1717 Fees Are Awardable In An Action To Enforce Or, As In This Case, Avoid Enforcement Of A Contract, And Plaintiff Failed To Prove He Met Any Of The Four Exceptions To The Code Civ. Proc. § 2033.420 Mandated Fee Award For His Failures To Make Admissions.             In Yoon v.

Request For Admissions: Plaintiff Found 75% Negligent In Bike-Truck Accident Properly Not Awarded Costs-Of-Proof Sanctions Where Defense Had Good Faith Belief In Contesting Negligence And Causation Issues

Cases: Requests for Admission

Defense Did Better Than “Hope Or A Roll Of The Dice” in Denying Two Key RFAs.             In Munoz v. County of Imperial, Case No. D075805 (4th Dist., Div. 1 Jan. 20, 2021) (unpublished), a bike rider sued after a personal injury accident with a pickup truck.  The jury awarded plaintiff $120,000 after determining she

Requests For Admission: $80,658.75 Costs-Of-Proof Sanctions Affirmed On Appeal

Cases: Requests for Admission

Initial Denial That Association Rules Were Violated, Conceded Later At Trial, Justified The Award.             In Verotel Merchant Services B.V. v. Rizal Commercial Bank, Case Nos. B276120/B281869 (2d Dist., Div. 4 Jan. 13, 2021) (unpublished), some plaintiffs won $1.526 million in compensatory damages and $7.5 million in punitive damages against defendants.  During the case, the

Requests For Admission: Plaintiff Boyfriend Winning Loan Dispute Against Girlfriend Properly Awarded $44,242.50 In Costs Of Proof Sanctions Where Boyfriend Won A $111,325 Recovery

Cases: Requests for Admission

However, Boyfriend Not Awarded Fees On Appeal Based On Failing To Identify A Fee Entitlement Basis.             As the famous comedian Jackie Mason once quipped, “Money is not the most important thing in the world.  Love is.  Fortunately, I love money.”  That quote well encapsulates the result in the next case we post on.            

Appealability, Request For Admissions: Appeal Of $52,245.40 Costs-Of-Proof Sanctions Upheld On Appeal, Because It Was Dismissed

Cases: Appealability, Cases: Requests for Admission

Reason Was That Defense Insurer Voluntarily Paid Both The Judgment and Sanctions In Full.             In Nelson v. Estate of Holguin, Case No. B298135 (2d Dist., Div. 3 July 28, 2020) (unpublished), defendant estate suffered a $167,250 adverse jury verdict and CCP § 2033.420 costs-of-proof sanctions of $52,245.40.  Defendant’s insurer voluntarily paid the judgment and

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