You Need More than a Hope to Deny an RFA

Grace v. Mansourian, No. G049590 (D4d3 Sept. 15, 2015)

This is a car accident case where defendant allegedly ran a red light. Plaintiff won a jury verdict. He then sought to recover his fees for his costs of proving liability under Code of Civil Procedure § 2033.420, because Defendant had unjustifiably denied an request that he admit the light was red. All the other witnesses said it was red. But Defendant (somewhat shakily) persisted that it was yellow at best. The trial court denied fee shifting, finding that the difference in memory was sufficient to provide a reasonable basis to deny the RFA.

The court of appeal, however, holds that Defendant’s belief wasn’t reasonable given all of the other overwhelming evidence that the light was, in fact, red. The point isn’t whether there was substantial evidence sufficient to beat summary judgment or avoid nonsuit. That was there. But avoiding SJ didn’t make it reasonable to deny the RFA. Reasonableness requires “more than a hope or a roll of the dice.” Under the circumstances, Defendant’s shifty recollection didn’t cut it.

Reversed.

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Cholakian & Assocs. v. Superior Court, No. C076759 (D3 Apr. 29, 2015) 
 
This is a bad faith denial of insurance and legal malpractice case against the former defendant’s insurer and two law firms, stemming from a big liability verdict in an auto accident case. It was filed in Sacto Superior—the same venue as the underlying trial. The insurers demurred, one firm answered, and the other moved to transfer venue to San Mateo County under Code of Civil Procedure § 396b(a). On the venue motion, the trial court found that venue was generally improper in the Sac, because no defendant resided there. But because some defendants had answered, it found that, under § 396b(d), the convenience of witness was an overriding factor and thus denied the motion. The law firm took a writ.