Requests For Admission: Litigant’s Appeal Fees In Sustaining Costs-Of-Proof Sanctions Were Properly Denied

CCP § 2033.420’s Language Does Not Allow For Recovery Because The Appellate Fees Were Not Linked To Obviating The Need For Proof.

               In Duncombe v. Barfresh Food Group, Inc., Case No. B334220 (2d Dist., Div. 2 Oct. 1, 2024) (unpublished), a litigant incurred appellate fees of $29,722,77 when defending a costs-of-proof sanctions order under CCP § 2033.420 in the amount of $38,920.14.  The lower court denied the request for appellate fees, with the 2/2 DCA agreeing the denial was correct.  The reason was that the appellate fees were disconnected from the purpose of the statute, which is to obviate the need for proof—a causation issue justifying the fee denial.