RFA Admission Fee Shifting: Doesn’t Work, Unless You Allocate!

Second District, Division 8 So Rules.

     KL Trading Co. v. Dahan, Case No. B215182 (2d Dist., Div. 8 July 14, 2010) (unpublished) is a very pragmatic decision in the RFA fee shifting area. The problem is that plaintiff requested $ 56,956.25 in fees for proving certain RFAs not admitted in responses, despite any specific delineation of time for proving the facts denied in the RFAs. The trial court denied fees, and the appellate court affirmed the determination. The reason? You need to allocate—billing entries claimed for RFAs, such as “full day in trial” did not specifically relate the trial time to the RFA denial. No abuse here.

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