Requests For Admissions: Court Of Appeal Affirms $227,213.50 Costs Of Proof Sanctions Assessed Below

Appellant Did Not Meet Its Burden Of Showing Why Claims Costs Were Unrelated To RFAs Targeted In the Costs-Of-Proof Sanctions Motion.

            Code of Civil Procedure section 2033.420(a) allows the trial court to impose costs-of-proof sanctions against a party failing to admit requests for admissions (RFAs) unless certain exceptions exist.  MK Greentea Limited, Inc. v. Raskin Ritter LLP, Case Nos. B271801/B275273 (2d Dist., Div. 2 Jan. 16, 2018) (unpublished) shows how the appellate court sustained a substantial costs-of-proof sanctions to the tune of $227,213.50 in favor of a party, especially given what the other side did.  In short, the other side failed to show at the trial court level that the specific claimed costs were unrelated to RFAs targeted by the successful party’s motion.  Without such a showing, the substantial costs-of-proof sanctions order was affirmed on appeal.