Issue Was Whether Attorney's Fees Were Costs Under CCP § 2033.300.
The trial court in Rhule v. WaveFront Technology, Inc., Case No. B267359 (2d Dist., Div. 5 Feb. 23, 2017) (published) permitted plaintiff to withdraw admissions he mistakenly made to two defense requests for admissions, especially since the withdrawal was done after plaintiff was deposed (meaning that further questioning would be necessitated given the RFA admission withdrawals). Code of Civil Procedure section 2033.330 provides that a trial court can allow such withdrawal but "may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional discovery be borne in whole or in party by the party withdrawing or amending the admission." The trial judge accordingly ordered that plaintiff pay the defense $8,125 in attorney's fees (out of a requested $10,000), likely for the fees to be incurred in retaking plaintiff's deposition and fees on fees to file the motion to obtain fees under section 2033.330.
Plaintiff's appeal was unsuccessful. Although the lack of a reporter's transcript hampered review (a subject we will post on soon in a special post), the 2/5 DCA determined that "costs" under section 2033.330 did encompass attorney's fees. Beyond that, the omnibus "just" and "not limited to" language in the statutory provision also made imposition of attorney's fees a reasonable "additional" condition of relief.