RFAs Were Of Central Importance and Denials Were Not Reasonable in Nature.
The Cadle Company II, Inc. v. Bell, Case No. A128685 (1st Dist., Div. 4 Aug. 11, 2011) (unpublished) was an appeal of a $4,860.51 costs-of-proof sanction under Code of Civil Procedure section 2033.20, which authorizes the lower court to award fees against a litigant that unreasonably denies a germane request for admission.
Cadle was unsuccessful in its appeal of the costs-of-proof ruling.
The appellate court focused on the two main elements of section 2033.20–were the RFAs of central importance in the case and were the plaintiff’s denials unreasonable in nature? It found the lower court correctly said “yes” to both prongs given that the RFAs on fraudulent transfer were key in the case and that plaintiff had failed to produce facts in earlier litigation and during discovery in this case to support its theory of the case (and accompanying denial of the RFAs).