Reasons: Issue Was Not Of Substantial Importance And Form Interrogatory Responses Effectively Explained Denial.
In Wilson v. Lightner, Case No. D055083 (4th Dist., Div. 1 Jan. 31, 2011) (not for publication), parties in a bitter easement dispute reached a denouement when the trial court awarded successful defendants a postjudgment award of $341,295 as costs incurred in proving matters not admitted in responses to 12 requests for admissions under Code of Civil Procedure section 2033.420. Plaintiffs understandably appealed.
They did get a reversal on this issue.
The reasons? Twofold in nature, explained below.
First, the issue involved in the RFAs in question–whether the easement was appurtenant (archane, but definitely involved in cases of these sorts)–was not of substantial importance. Not only was little time devoted to this issue, but the real issue was easement overburdening, implicated not at all in the germane RFAs.
Second, the actual RFA denials were effectively negated by responses to the form interrogatory relating to RFA denials in which plaintiffs admitted the easement was appurtenant to the five parcels referenced in the grant deeds (albeit denied that it served seven parcels). The denial on the seven parcels was made in good faith, as the form rog response showed good faith on behalf of plaintiffs in the overall sense of things.
Big reversal in favor of plaintiffs on this costs of proof issue.