Requests For Admission: Costs Of Proof Sanctions Were Warranted Where City Won Summary Judgment On Taking Claim And The Denied Ripeness RFA Was Material

$32,500 In Attorney’s Fees Was The Sanction Award Sustained On Appeal.

            In Forat v. City of Los Angeles, Case No. B313816 (2d Dist., Div. 2 June 14, 2023) (unpublished), City asked plaintiff to admit that a taking claim was not ripe, an RFA which was denied and with plaintiff’s position leading to the overruling of a prior demurrer.  City prevailed on the taking claim through a summary judgment motion, and the trial judge granted it $32,500 in attorney’s fees as RFA “cost of proof” sanctions.  The appellate court affirmed, because the RFA was material and the sanctions were appropriate for a defendant prevailing at a summary judgment stage.  (Barnett v. Pensk Truck Leasing, 90 Cal.App.4^th 494, 499 (2001).)