Requests For Admission: $80,658.75 Costs-Of-Proof Sanctions Affirmed On Appeal

Initial Denial That Association Rules Were Violated, Conceded Later At Trial, Justified The Award.

            In Verotel Merchant Services B.V. v. Rizal Commercial Bank, Case Nos. B276120/B281869 (2d Dist., Div. 4 Jan. 13, 2021) (unpublished), some plaintiffs won $1.526 million in compensatory damages and $7.5 million in punitive damages against defendants.  During the case, the defense denied certain requests for admissions.  After the jury verdict, with the defense finally conceding certain Association rules were not complied with after denying otherwise in RFA responses, the trial judge found that $80,658.75 was the costs-of-proof sanctions price under CCP § 2033.420 for denying the two crucial RFAs.  The record showed no abuse of discretion in making that award.