Arbitration/Requests For Admission: Substantial RFA Costs-Of-Proof Sanctions Awarded By Arbitrator Correctly Not Confirmed As A Judgment

 

Arbitration Submission Agreement Did Not Envision Fees And Costs At All.

    An arbitrator in Centinela-Freeman Emergency Med. Associates v. Hispanic Physicians IPA Med. Corp., Case No. B258015 (2d Dist., Div. 1 Dec. 8, 2016) (unpublished) awarded request for admission costs-of-proof sanctions under CCP § 2033.420.  No trifling amount was awarded, because the RFA sanctions comprised $176,393.50 in attorney’s fees for RFA denials.  The trial court refused to confirm this component of the arbitration award, a ruling affirmed by the 4/1 DCA.  The parties’ arbitration submission agreement was quite narrow, not providing for an award of fees and costs.  This lack of breadth supported not confirming the RFA costs-of-proof award.