Rhule v. WaveFront Technology, Inc.

The trial court did not abuse its discretion by allowing plaintiff to withdraw two mistaken admissions, but assessing him more than $8000 in attorney fees allegedly incurred by defendant as a result of the withdrawn admissions. The trial court allowed plaintiff to withdraw two mistaken admissions, but assessed him $8,125 in attorney fees allegedly incurred by defendant as a result of the withdrawn admissions.  The trial court had discretion to award fees upon granting leave to withdraw the admissions. CCP 2033.300(c) allows the court to impose appropriate conditions, including a order for paying additional discovery costs caused by the change.  Costs as used in the statute includes attorney fees.  The appellate court refuses to review whether the trial court abused its discretion in awarding the fees in this case because Rhule did not provide transcripts or substitutes for the two hearings at which the trial court granted leave to withdraw the admissions and later imposed the fees.  Since the trial court’s order simply stated that the fees were imposed under section 2033.300 without providing any supporting reasoning, the appellate court could not tell why the fees were awarded or whether appropriate objections were made.

California Court of Appeal, Second District, Division 5 (Baker, J.); February 23, 2017; 2017 WL 712633

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