Requests For Admission: Defendant Summary Judgment Winner Properly Denied “Costs Of Proof” Sanctions For Plaintiff’s Denial Of Two RFAs

Defendant Failed To Prove True The Matters At Issue Under The RFAs.

               In Decuir v. West Coast Escrow, Case No. B325278 (2d Dist., Div. 4 Sept. 5, 2024) (unpublished), defendant won a summary judgment motion, later moving for $36,000 in “costs of proof” sanctions under CCP § 2033.420 for plaintiff’s denial of 2 RFAs—with “costs of proof” sanctions available to either a summary judgment grant winner or trial winner.  The lower court denied them on two grounds: (1) plaintiff had reasonable grounds upon which to deny the RFAs, and (2) insufficient evidence was presented to justify the amount of fees being sought.

               The 2/4 DCA affirmed, but for a different reason.  The RFAs were framed in the negative, with the defendant failing to prove true the matters sought to be admitted, given this is a difficult task for purposes of negating a negative and because the defense did not foreclose all facts which could support the allegations in the lawsuit.