Costs, Requests For Admissions: In Trip And Fall Case Resolved Against Plaintiff On Summary Judgment, Trial Court Correctly Denied “Proof of Costs” Sanctions For RFA Denials And Properly Taxed Costs To Defense To Some Degree

Mathematical Error In Costs Award Corrected, But Nonparty Could Not Be Added As Joint Obligor On Costs Award.

            Sailors v. City of Fresno, Case No. F075577 (5^th Dist. March 20, 2019) (unpublished) (there are two other unpublished consolidated cases, but the results are the same) involved a plaintiff suffering severe injuries in a trip and fall at the Fresno Convention and Entertainment Center, resulting in a suit against the City of Fresno for a dangerous property condition and against the owner/property manager for general negligence. All defendants prevailed on summary judgment motions based on the theory that the premises condition was trivial in nature, with defendants seeking significant “costs of proof” sanctions under CCP § 2033.420 based on RFA denials and also seeking routine costs. They all sought a total of $305,833.56, with close to $251,000 being on the RFA costs of proof request. The lower court denied the RFA costs of proof request, but it did award $50,314.95 in routine costs against plaintiffs and in favor of defendants.

            Plaintiff lost the merits appeal, the defense lost the appeal of the RFA costs of proof denial, and plaintiff won a small mathematical reduction in the routine costs award.

            The RFA costs of proof sanctions request was correctly denied because plaintiff did prove some requests or had a reasonable basis for denying them. Although summary judgment was granted against plaintiff, this did not mean there was a total absence of evidence but simply there was no sufficient evidence to raise a triable issue of fact. That distinction was critical in affirming that the RFA costs of proof request denial was no abuse of discretion.

            On the costs award, plaintiff argued that a nonparty was a joint obligor which should be responsible for the costs award. However, the Fifth District found no authority that a nonparty to the case or appeal could be held so responsible for the costs award. With that said, there was a small mathematical error such that the costs award was reduced to $48,065.41—with appellate courts frequently making such a change so as to end the case and not lead to an unnecessary remand.