Defendant Failed To Prove True The Matters At Issue Under The RFAs.
In Decuir v. West Coast Escrow, Case No. B325278 (2d Dist., Div. 4 Sept. 5, 2024) (unpublished), defendant won a summary judgment motion, later moving for $36,000 in “costs of proof” sanctions under CCP § 2033.420 for plaintiff’s denial of 2 RFAs—with “costs of proof” sanctions available to either a summary judgment grant winner or trial winner. The lower court denied them on two grounds: (1) plaintiff had reasonable grounds upon which to deny the RFAs, and (2) insufficient evidence was presented to justify the amount of fees being sought.
The 2/4 DCA affirmed, but for a different reason. The RFAs were framed in the negative, with the defendant failing to prove true the matters sought to be admitted, given this is a difficult task for purposes of negating a negative and because the defense did not foreclose all facts which could support the allegations in the lawsuit.