Code of Civil Procedure section 2033.420

In a motor vehicle negligence case, the Court of Appeal reverses judgment and $500,000 cost-of-proof attorney fee award

After a motor vehicle accident, plaintiff sued both the driver and his employer seeking $10 million in damages.  When plaintiff propounded requests for admissions, defendants denied that the driver employee was negligent and that his negligence caused plaintiff some harm.  Plaintiff rejected defendants’ pre-trial Code

May 02, 2023 Laura Lim Civil Procedure
VERDICT Magazine, Backdoor Attorney Fees: Costs-of-Proof Awards

Code of Civil Procedure section 2033.420, allows the requesting party to recover its costs of proof—including potentially substantial attorney fees—when the other side unreasonably denies requests for admissions and the requesting party proves the truth of those matters at trial.  In the latest issue of

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