The defense won but then was disappointed when the trial court denied “costs of proof” sanctions for proving matters that were denied by plaintiff in RFAs. So, defendant took the matter up on appeal, only to be disappointed yet again.
In Alamo Group IX, LLC v. Tabaie, Case No. A133376 (1st Dist., Div. 5 Apr. 4, 2013) (unpublished), the appellate court found that defendant presented an inadequate record. He only designated one witness’ trial testimony, hardly enough for the panel to gauge whether the RFA denials related to something proved to the contrary or were made in bad faith. In fact, the “good faith” exception is reviewed for abuse of discretion, Brooks v. American Broadcasting Co., 179 Cal.App.3d 500, 508 (1986), and nothing demonstrated that plaintiff wrongfullly believed that the managing member of an LLC stood in its shoes so as to have standing--even though the lower court ultimately concluded otherwise. “Costs of proof” denial affirmed.