What are the implications of a successful application under the California Civil Code of Civil Procedure for costs of proof?
California, United States of America
The following excerpt is from Berkman v. City Of Morgan Hill, H032205, No. CV031021 (Cal. App. 2010):
"One need not be a prevailing party to be entitled to sanctions under this statute." (Smith v. Circle P Ranch Co. (1978) 87 Cal.App.3d 267, 275.) Conversely, costs of proof "are not recoverable simply because the party promulgating the request prevails at trial." (Brooks v. American Broadcasting Co., supra, 179 Cal.App.3d at p. 513.)
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