RFA Cost-of-Proof Sanctions Cannot Be Assessed Against Litigant’s Attorney.
In our August 11, 2010 post, we explored Estate of Manuel, 187 Cal.App.4th 400, 404-405 (2010), where the Second District, Division 3 concluded that RFA cost-of-proof sanctions can only be assessed against a party rather than the party’s attorney.
Now, in an unpublished decision, the First District, Division 3 expressly agrees with the Second District’s conclusion on this issue. That concurrence occurred in McManus v. Security Public Storage--Vallejo, Case No. A127457 (1st Dist., Div. 3 June 24, 2011) (unpublished), where a $4,095 cost-of-proof sanction against plaintiff’s attorney was reversed on appeal.