Can a party who denies a request for admission of the truth of certain facts be subject to costs and attorney fees incurred in proving the facts?

California, United States of America


The following excerpt is from Wieder v. Lee, A150298 (Cal. App. 2018):

A party who denies a request for admission of the truth of certain facts may be subject to an award of the reasonable costs and attorney fees incurred in proving those facts. (Code Civ. Proc., 2033.420, subd. (a).) The court is required to award those costs and fees unless it finds the party who denied the requests "had reasonable ground to believe [he or she] would prevail on the matter" or "[t]here was other good reason for the failure to admit." (Id., 2033.420, subd. (b)(3), (4).) If there is no reasonable basis to deny the requests, an award is proper. (Grace v. Mansourian (2015) 240 Cal.App.4th 523, 532.)

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