18 Dec: Mediation Message No. 125

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 125 RFAs – IMPORTANT PROCEDURAL REQUIREMENTS Having discussed in Mediation Message no. 123 (June 2016) the monetary consequence of failing to admit certain facts prior to trial despite their obvious truth, it’s timely to look at some of the other significant procedural requirements concerning requests for admission (RFAs). The policy behind RFAs. Unlike the other types of discovery, which are designed to prepare for trial, an RFA, in contrast,…

27 Jul: Mediation Message No. 123

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 123 DENIALS OF RFAs AND THEIR CONSEQUENCES Denial of a request for admission (RFA) can lead to an award of costs and attorney’s fees incurred by the propounding party in proving those facts if that party proves the truth of the facts at trial. (C.C.P. sec 2033.420, subd. (a).) The court is required to award those costs and fees unless it finds the party who denied the requests “had…

29 Jun: Mediation Message No. 106

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 106 NEGATIVE RESPONSES TO REQUESTS FOR ADMISSION ARE NOT ADMISSIBLE Before Gonsalves v. Li (California Court of Appeal, Jan. 13, 2015) no. A140284, 2015 Cal. App. LEXIS 26, it was unclear whether parties could be examined about their denials to requests for admission (RFAs). Gonsalves v. Li holds that this practice constitutes error. In Gonsalves v. Li, Li crashed a new BMW during a test drive while Gonsalves, a…