Second District, Division 7 Reverses $78,043 Costs of Proof Award.
In Fiore v. Kahana, Case No. B209133 (2d Dist., Div. 7 Dec. 17, 2009) (unpublished), the trial court granted a $78,043 costs of proof sanctions for a party’s denial of requests for admissions pursuant to Code of Civil Procedure section 2033.420(b)(3). [See our category “Requests for Admissions” to explore the statutory basis and standards for such an award.] Result on appeal? Reversed. Reason: Denying party had a reasonable ground to believe she would prevail in the matter, a conclusion bolstered by the fact the requests for admissions were served early in the proceedings and it would be unfair to ask the party to admit she had “no case” at an early juncture of the case.