Improper Negligence Theory Warranted Sanctions For Denial Of One RFA.
The appellate court in Sasser v. Allstate Ins. Co., Case Nos. A131906 et al. (1st Dist., Div. 2 July 8, 2013) (unpublished) affirmed a lower court’s decision to impose $25,000 in “costs of proof” sanctions for a plaintiff’s denial of one RFA after finding that a negligence claim was meritless. Although the defense had sought $131,000 in fees, the trial judge did not err in finding a lesser amount was necessary to compensate the defendant for plaintiff’s wrongful RFA denial under CCP § 2033.420. Plaintiff could not surmount the abuse of discretion review standard.