When is it unreasonable to deny an RFA? (Crowe v. Tweten)

Strictly speaking, this unpublished decision isn't about ethics, but it is about what's reasonable for a litigator and party to deny. The litigation was a challenge to the reformation of a family trust, and some of the children alleged that the dying mother's signature had been forged. When asked in an RFA to admit case-depositive facts (e.g., that the signature had not been forged), the plaintiffs replied,"Denied." Following a bench trial in favor of defendant, defendant sought proof-of-cost legal fees. The trial court denied the motion but the appellate court dug through the evidence and partially reversed. On remand, the legal fees could be seven figures. (Who will pay for that? Counsel or client?) I was particularly intrigued by the way the court weighed and sifted the evidence. The case was unpublished but it could affect the practice of pro forma "Denied" responses to RFAs. (h/t: the terrific California Attorney's Fees Blog)

Download E058311