Cases: Requests for Admission

Employment, Indemnity, Reasonableness Of Fees, Requests For Admissions: Four Unpublished Decisions On July 11, 2017 Highlight These Issues

Cases: Employment, Cases: Indemnity, Cases: Reasonableness of Fees, Cases: Requests for Admission

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 B263196/B263718 (2d Dist., Div. 4 July 11, 2017) (unpublished).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 […]

Requests For Admissions: Attorney’s Fees Properly Awardable As A Condition To Granting Party Permission To Withdraw Admissions Mistakenly Made.

Cases: Requests for Admission

  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/Requests For Admission: Substantial RFA Costs-Of-Proof Sanctions Awarded By Arbitrator Correctly Not Confirmed As A Judgment

Cases: Arbitration, Cases: Requests for Admission

  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 Corp., Case No. B258015 (2d Dist., Div. 1 Dec. 8, 2016) (unpublished) awarded request for admission costs-of-proof sanctions under CCP § 2033.420.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

Requests For Admission: RFA Cost-Of-Proof Awards Are More Often Denied Than Affirmed On Appeal

Cases: Requests for Admission

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   Under our sidebar category “Requests for Admission” we have posted some five dozen times about published, as well as unpublished, appellate decisions affirming or denying a trial court’s grant or denial of cost-of-proof sanctions for failure to admit requests for admission.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

Costs, Requests For Admissions: Plaintiff Winning Won One Out Of Ten Claims Entitled To Routine Costs

Cases: Costs, Cases: Requests for Admission

  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

Requests For Admission: Plaintiff’s Denial Of Two Material Requests For Admissions Justified Costs Of Proof Sanctions After Defendant Proved Facts In Summary Judgment Proceeding

Cases: Requests for Admission

  $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

Costs/Requests For Admissions: Court Of Appeal Reverses Costs-Of-Proof Sanctions Which Encompasses RFAs To Which Stipulations Were Made Later, Matters Were Not Proven At Trial, And Small Damage RFAs Where Plaintiff Requested Much Higher Damages At Trial

Cases: Costs, Cases: Requests for Admission

  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

Bankruptcy/Requests For Admission: Auto Accident Defendant/Chapter 7 Debtor Properly Discharged From Liability For Costs-Of-Proof Sanctions Based On Post-Petition Conduct Or Post-Discharge Conduct

Cases: Bankruptcy Efforts, Cases: Requests for Admission

  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

Section 998/Requests For Admission: 4/3 DCA Affirms Lower Court’s Refusal To Award Prevailing Defendant Expert Witness Fees Or Costs Of Proof Sanctions

Cases: Requests for Admission, Cases: Section 998

  Lots Of Monetary Awards Were Requested By The Defense, But Nixed. Above:  East bound Union Pacific railroad freight train waiting in a siding, Alray, Calif. Coming up through Cajon Pass.  March, 1943.  Jack Delano, photographer.  Library of Congress.      Ammari v. Union Pacific Railroad, Case No. G052290 (4th Dist., Div. 3 Apr. 28, 2016)

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