[Originally published as RFAs: The Underutilized Strategy for Recovering Attorney’s Fees, by Lily Li, in Orange County Lawyer Magazine, December 2015, Vol. 57 No.12 on page 40.]
A successful motion for attorney’s fees can be just as important as winning at trial, especially when it comes to your client’s satisfaction with the outcome of litigation. What are your options, however, when there are no obvious attorney fee-shifting provisions in your case? A recent decision out of the Fourth Appellate District bolstered the use of a “costs of proof” motion under Code of Civil Procedure § 2033.420, based on defendants’ unreasonable denials of various requests for admissions. Grace v. Mansourian, No. G0495 at 6-7 (9th Cir. filed Aug. 17, 2015) (certified for publication on Sep. 15, 2015), available at http://www.courts.ca.gov/opinions/nonpub/G049590.PDF.