Cases: Requests for Admission

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             In Nelson v. Estate of Holguin, Case No. B298135 (2d Dist., Div. 3 July 28, 2020) (unpublished), defendant estate suffered a $167,250 adverse jury verdict and CCP § 2033.420 costs-of-proof sanctions of $52,245.40.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

Requests For Admission, Sanctions: Costs Of Proof Sanctions Affirmed Against Contestants To Will Who Denied Critical RFA Without Reasonable Ground To Believe They Could Prevail On The Matter At Trial

Cases: Requests for Admission, Cases: Sanctions

The Only One Of Four Will Contestants Who Showed For Trial Provided No Evidence To Support The Request For Admission Denial.             Estate of Moshier, Case No. G057076 (4th Dist., Div. 3 June 29, 2020) (unpublished) involved a will contest brought by decedent’s adoptive brother and three adult nieces against decedent’s wife.  Decedent’s will

Requests For Admission: 1/2 DCA Opinion Reversing “Costs Of Proof” Sanctions For RFA Denials Suggests That Successful Moves Are To Make RFAs Deeper Into The Case And To Support These Type Of Sanctions With Detailed Trial Testimony

Cases: Requests for Admission

$35,595 Fee Award Under CCP § 2033.420(a) Reversed Based On Early Nature Of RFAs And Lack Of Supporting Evidence Of Trial Proof To Correlate Against RFA Denials.             Universal Home Improvement, Inc. v. Robertson, Case Nos. A157067/A157562 (1st Dist., Div. 2 June 24, 2020) (published) has some nice tips to litigators seeking to obtain “costs

Appealability, Discovery, Family Law, Requests For Admission, Sanctions: Appeal Dismissed For Petitioner Who Was Dissatisfied With Trial Court’s Order On His Motion To Have Requests For Admission Deemed Admitted And For Sanctions

Cases: Appealability, Cases: Discovery, Cases: Family Law, Cases: Requests for Admission, Cases: Sanctions

The Appellate Court Has No Jurisdiction To Review A Discovery Order.             Petitioner father and respondent mother in Minasian v. Katz, Case No. A158517 (1st Dist., Div. 2 June 11, 2020) (unpublished) were involved an incredibly protracted action – dating back to 2004 – regarding their child who was born the year before.     

Probate, Request For Admissions, Sanctions: More Than $1.8 Million In CCP § 128.5 Sanctions Went POOF! On Appeal, But RFA “Cost Of Proof” Sanctions Of Over $1 Million Stuck On Appeal

Cases: Probate, Cases: Requests for Admission, Cases: Sanctions

128.5 Sanctions Went Away Because It Did Not Apply To The Action Datewise, While RFA “Sanctions” Were No Abuse Of Discretion Even Though Substantial In Nature.             First of all, we hope all of our readers are safe—this pandemic has presented unprecedented, bizarre consequences, but hope you are well.  We are happy to report that

Costs, Requests For Admissions: Jane Doe Plaintiff Losing At Trial Based On A Nonsuit Properly Assessed With $19,500 In Costs-Of-Proof Sanctions And With Routine Costs Of $107,440.35

Cases: Costs, Cases: Requests for Admission

Respondents Conceded $6,988.27 In Claimed Costs Were Not Allowable.             Doe v. Dept. of Children & Family Services, Case No. B276699 (2d Dist., Div. 8 July 18, 2019) (published; previously issued as unpublished on June 20, 2019) is a case demonstrating how respondents, on appeal, can gain appellate credibility by conceding a legal issue for

Requests For Admission: Plaintiff Entitled To Costs Of Proof Sanctions Expenses, With Lower Court Improperly Shifting Burden Of Proof On Exceptions To Propounding, Rather Than Responding, Party With Respect To RFA Responses

Cases: Requests for Admission

Record Showed That Defense Failed To Prove Exceptions For Its RFA Denial Responses.            In Samsky v. State Farm Mutual Automobile Insurance Company, Case No. B293885 (2d Dist., Div. 8 June 26, 2019) (published), a lower court denied plaintiff’s request for “costs of proof sanctions” based on defense denial of requests for admissions under CCP

Requests For Admissions, Sanctions: Defendants Properly Denied RFA Costs Of Proof Sanctions And Plaintiff Properly Denied CCP § 128.7 Request For Defense Bringing Frivolous Proof Of Costs/128.5 Sanctions Motion

Cases: Requests for Admission, Cases: Sanctions

Defendant Failed To Meet RFA Costs Of Proof Burden Or Segregate Out Costs For Actually Proving Truths Of Matters In A Demurrer Proceeding, While Plaintiff’s Request For 128.7 Sanctions In An Opposition Was Procedurally Infirm.             I guess we can say that the results in Eng v. Brown, Case No. D072980 (4th Dist., Div. 1

Costs, Requests For Admissions: In Trip And Fall Case Resolved Against Plaintiff On Summary Judgment, Trial Court Correctly Denied “Proof of Costs” Sanctions For RFA Denials And Properly Taxed Costs To Defense To Some Degree

Cases: Costs, Cases: Requests for Admission

Mathematical Error In Costs Award Corrected, But Nonparty Could Not Be Added As Joint Obligor On Costs Award.             Sailors v. City of Fresno, Case No. F075577 (5th Dist. March 20, 2019) (unpublished) (there are two other unpublished consolidated cases, but the results are the same) involved a plaintiff suffering severe injuries in a trip

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