Requests For Admission: $189,532.50 Costs-Of-Proof Sanctions Generally Affirmed With Minor Adjustments

No Motion To Compel Is Necessary Except Under Certain Circumstances And Costs-Of-Proof Sanctions Not Limited To Trial Evidentiary Stages.

            In DeJong v. Beach, Case Nos. C085462/C086526 (3d Dist. Sept. 13, 2021) (unpublished), the Third District affirmed major parts of a trial court’s grant of RFA costs-of-proof sanctions in the amount of $189,532.50.  Here are the takeaways from this case: (1) no motion to compel is necessary to claim costs-of-proof sanctions where the motion would be idle; (2) a motion to compel for certain incomplete answers may be a predicate for costs-of-proof sanctions depending on the facts; and (3) costs-of-proof sanctions are available for post-trial matters beyond evidentiary phases, even for post-trial briefing and attorney’s fees issues.