Cases: Requests for Admission

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decision, Magco Drilling, Inc. v. Natoma Family Housing, L.P., Case No. A151586 (1st Dist., Div. 1 Jan. 29, 2018) (unpublished), is a case reining in costs-of-proof sanctions under CCP § 2033.420 in a situation where there was a partial denial and the plaintiff tailored […]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

Employment, Indemnity, Reasonableness Of Fees, Requests For Admissions: Four Unpublished Decisions On July 11, 2017 Highlight These Issues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 B263196/B263718 (2d Dist., Div. 4 July 11, 2017) (unpublished).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

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