Daughter Had No Objective Basis To Deny RFAs.
Under our category “Requests for Admissions,” we have explored many, many cases on “costs of proof” sanctions under Code of Civil Procedure section 2033.420, allowing a sanctions of fees and costs for proving at trial a denial of RFAs unless certain exceptions are met. Daughter/appellant in a testamentary capacity case did deny certain RFAs, resulting in a costs of proof award in the hefty amount of $106,121.32 when the estate successfully contested her claims.
She appealed in Estate of Chuang, Case No. A126945 (1st Dist., Div. 5 Oct. 28, 2010) (unpublished). Was she successful?
She was not.
We understand daughter was not happy. Her father had only left her with $1 and left the remainder of his estate to a Buddhist organization. Although contesting that father was of unsound mind, daughter really had no objective proof or medical evidence other than her subjective beliefs that he was incompetent in a testamentary capacity sense. Subjective beliefs alone in these type of cases will not support RFA denials, so that the costs of proof award was sustained on appeal. (Brooks v. American Broadcasting Co., 179 Cal.App.3d 500, 511-512 (1986).)