Cases: Requests for Admission

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 March 20, 2019) (unpublished) (there are two other unpublished consolidated cases, but the results are the same) involved a plaintiff suffering severe injuries in a trip […]

Request For Admissions: $313,000 Fee And $300,000 Expert Costs Awards Under RFA Costs-Of-Proof Sanctions Provision Reversed As Reasonable Basis Existed For Some Denials And Expert Costs Not Properly Authenticated Or Competently Introduced Into Evidence

Cases: Requests for Admission

4/1 DCA Decision, Although Unpublished, Suggests That Attorneys And Experts Should Correlate Their Time To Specific RFA Work So It Can Be Properly Allocated.             Orange County Water Dist. v. The Arnold Engineering Co., Case No. D070763 (4th Dist., Div. 1 Dec. 19, 2018) (unpublished) is an RFA costs-of-proof sanctions battle arising out of the

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             Appellant in Knudson v. Ryer, Case No. A149532 (1st Dist., Div. 5 Dec. 17, 2018) (unpublished) failed to show why RFA costs-of-proof sanctions under CCP § 2033.420 should be reversed based on deficient analysis in the appellate briefing.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

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