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. […]
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
Fee Reasonableness—Neman Real Estate Investments, LLC v. Oken. Case Nos. B263196/B263718 (2d Dist., Div. 4 July 11, 2017) (unpublished). In this first one, defendants won a commercial property dispute and were awarded costs/fees of $619,566.75 based on a “blended” $495 hourly rate to L.A. real estate litigators that happened to be “below market.” The
Issue Was Whether Attorney’s Fees Were Costs Under CCP § 2033.300. The trial court in Rhule v. WaveFront Technology, Inc., Case No. B267359 (2d Dist., Div. 5 Feb. 23, 2017) (published) permitted plaintiff to withdraw admissions he mistakenly made to two defense requests for admissions, especially since the withdrawal was done after plaintiff
Arbitration Submission Agreement Did Not Envision Fees And Costs At All. An arbitrator in Centinela-Freeman Emergency Med. Associates v. Hispanic Physicians IPA Med. Corp., Case No. B258015 (2d Dist., Div. 1 Dec. 8, 2016) (unpublished) awarded request for admission costs-of-proof sanctions under CCP § 2033.420. No trifling amount was awarded, because the RFA
Check Out Our Sidebar Category “Requests For Admission.” Under our sidebar category “Requests for Admission” we have posted some five dozen times about published, as well as unpublished, appellate decisions affirming or denying a trial court’s grant or denial of cost-of-proof sanctions for failure to admit requests for admission. After doing this for eight
However, RFA Costs Of Proof Sanctions For Plaintiff Were Reversed. In Watkins v. Central Freight Lines, Inc., Case No. A145579 (1st Dist., Div. 1 Oct. 26, 2016) (unpublished), plaintiff won a $3,217.50 judgment against defendant based on a meal break claim, but lost nine other unrelated claims based primarily on discrimination. The lower
$2,890 In Costs Of Proof Sanctions Affirmed On Appeal. We have blogged quite a bit on costs of proof sanctions under Code of Civil Procedure section 2033.420, with cases collected on our home page under the category “Requests For Admission.” Most involve situations where facts were proved contrary to RFA denials at an
Remanded On Costs-Of-Proof Award; Expert Witness Fee Award Affirmed Based On Inadequate Appellate Record. In Roldan v. Flores, Case No. B260336 (2d Dist., Div. 3 Oct. 5, 2016) (unpublished), a lower court awarded costs-of-proof sanctions in the amount of $48,000 for defendant’s failure to admit certain RFAs in a plaintiff motorized bicyclist-defendant car
Post-Petition Was Passive, Not Active, So Discharge Principles Applied. In Reese v. Mingramm, Case No. B262021 (2d Dist., Div. 6 May 18, 2016) (unpublished), a defendant in a later personal injury action filed a Chapter no-asset bankruptcy but failed to list the personal injury plaintiff as a creditor given that the matter was
