Cases: Requests for Admission

Appeal Sanctions, Requests For Admission: Litigant’s Failure To Show Why Costs-Of-Proof Sanctions Were Erroneous Drew Appeal Sanctions Of $32,960.70

Cases: Appeal Sanctions, Cases: Requests for Admission

We See A Growing Trend Of Appellate Sanctions In Recent Cases.             Appellant in Knudson v. Ryer, Case No. A149532 (1st Dist., Div. 5 Dec. 17, 2018) (unpublished) failed to show why RFA costs-of-proof sanctions under CCP § 2033.420 should be reversed based on deficient analysis in the appellate briefing. That led the DCA to […]

Request For Admissions, Section 998: Plaintiff Insured Losing Insurance Breach/Implied Covenant Lawsuit Had To Pay State Farm $167,861.50 In Costs-Of-Proof Sanctions For RFA Denials And $50,664.44 In Expert Witness Fees After 998 Offer Rejected

Cases: Requests for Admission, Cases: Section 998

Substantial Costs Awards Are Becoming More Prevalent In Corporate Defendant Type Situations.             In several recent posts in the last few months, we have noted a trend for personal injury or consumer plaintiffs to suffer adverse costs awards of a substantial nature. This, of course, counsels that CCP § 998 offers must be carefully assessed

Requests For Admissions: Defendant Properly Not Penalized With Costs-Of-Proof Sanctions Where It Had Reasonable, Good Faith Basis To Deny RFAs In Very Factually-Oriented Negligence Case

Cases: Requests for Admission

Defense Had Lay And Expert Witnesses, Which If Believed, Supported Its Case, Even Though It Ultimately Lost.             Grotenhuis v. Golden Gate Bridge, Highway & Transportation District, Case No. A151781 (1st Dist., Div. 3 June 15, 2018) (unpublished) was a case where a trial judge denied a costs-of-proof RFA motion after plaintiff won a contested

Request For Admissions: $56,700 Proof-Of-Sanctions Fee Award Affirmed On Appeal

Cases: Requests for Admission

Lack Of Reporter’s Transcript Sealed The Result.             In Ayoub v. Candee, Case No. D073279 (4th Dist., Div. 1 May 31, 2018) (unpublished), adjoining rural property owners in Temecula got into an “ado” regarding easements. Eventually, the losing parties/appellants were hit with $59,700 in attorney’s fees for making unjustified requests for admission denials under CCP

Private Attorney General, Requests For Admissions, Section 998:  Former Employee Plaintiff Winning $50,000 In Damages Properly Denied Costs Of Proof Sanctions And Private Attorney General Fees

Cases: Private Attorney General (CCP 1021.5), Cases: Requests for Admission, Cases: Section 998

Trial Judge Also Properly Awarded Costs To Defense Under CCP § 998 Offer.             One of the beauties of posting on unpublished decisions is to see the array of cross-over issues in fees/costs issues at the California state level.  Chamblee v. Inland Behavioral and Health Services, Inc., Case No. D073121 (4th Dist., Div. 1 Apr.

Request For Admissions:  Heavily Contested Case On Liability, Causation, And Damages Justified Denial Of Successful Plaintiff’s Cost Of Proof Sanctions Under CCP § 2033.420

Cases: Requests for Admission

4/1 DCA Actually Provided A Circumstance-Prone “Rule Of Thumb” To Use.             In Markel Ins. Co. v. Controlled Environment HVAC, Inc., Case No. D073125 (4th Dist., Div. 1 Apr. 4, 2018) (unpublished), plaintiff brought a res ipsa loquitur negligence case, one which was heavily contested on liability, causation, and damages—especially given the defense took the

Request For Admissions/Section 1717: Trial Judge Correctly Denied Proof Of Costs Sanctions And Attorney’s Fees To Prevailing Parties

Cases: Requests for Admission, Cases: Section 1717

Losing Side Had Reasonable Cause To Deny RFAs And Lack Of Agreement With Fees Clause Precluded 1717 Recovery.             In Preferred Auto Dealers Self Ins. Program, Inc. v. Anderson Enterprises, Inc., Case Nos. A148518 et al. (1st Dist., Div. 4 Mar. 2, 2018) (unpublished), PADSIP (a group self-insurer of workers’ compensation claims) lost a breach

Requests For Admissions:  Costs-Of-Proof Sanctions Denied Where There Was A Partial Denial And No Motion To Compel Further Responses Was Brought

Cases: Requests for Admission

CCP § 2033.420(b)(1) Exception Prevented Sanctions Being Assessed.             This next decision, Magco Drilling, Inc. v. Natoma Family Housing, L.P., Case No. A151586 (1st Dist., Div. 1 Jan. 29, 2018) (unpublished), is a case reining in costs-of-proof sanctions under CCP § 2033.420 in a situation where there was a partial denial and the plaintiff tailored

Requests For Admissions:  Court Of Appeal Affirms $227,213.50 Costs Of Proof Sanctions Assessed Below

Cases: Requests for Admission

Appellant Did Not Meet Its Burden Of Showing Why Claims Costs Were Unrelated To RFAs Targeted In the Costs-Of-Proof Sanctions Motion.             Code of Civil Procedure section 2033.420(a) allows the trial court to impose costs-of-proof sanctions against a party failing to admit requests for admissions (RFAs) unless certain exceptions exist.  MK Greentea Limited, Inc. v.

Requests For Admissions:  Losing FEHA Plaintiff Properly Denied Request For Costs Of Proof Sanctions Of $239,967

Cases: Requests for Admission

Plaintiff Did Not Address All of the RFA Costs of Proof Sanctions Requirements, So Post-Trial Motion Denial Affirmed On Appeal.             If you are an appellant on an appeal, you must focus on the trial court’s written and/or tentative decision, concentrating on showing how each basis is legally and prejudicially erroneous.  Appellant’s failure to do

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