The Confusing World Of Requests For Admissions.

In an appeal following a trial concerning a property line dispute, an appellant contended the trial court abused its discretion in denying costs after the other side failed to admit a request for admission. The requests for admissions asked the party to admit “the boundary lines between plaintiffs’ property and defendants’ property are accurately described by the plaintiffs’ deed.” The following response was given to the request for admission: “OBJECTIONS: Request is not full and complete in and of itself. Code of Civil Procedure section 2033.060, subdivision (d). Further, defendants lack the information or knowledge sufficient to allow them to admit or deny the Request in that the Request calls for expert witness testimony and, as such, is untimely expert witness discovery. Based on the foregoing objections, the Request is denied.” After trial, the requesting party asked for $123,196.58 to cover the cost of proving the location of their properties’ common boundaries. The trial court denied the motion. The appellate court found no abuse of discretion and affirmed. (Bloxham v. Saldinger (Cal. App. Sixth Dist.; August 1, 2014) 228 Cal.App.4th 729, [175 Cal.Rptr.3d 650].)