California Court of Appeal

In an executor's suit against a will contestant, seeking an award of costs of proof in the amount of all of her legal fees incurred after the date of the denial of the requests for admission, trial court's grant of the motion ordering defendant and her counsel to pay the executor the full amount of her legal fees is reversed and remanded as, the text of Code of Civ. Proc. section 2033.420(a), is unambiguous that costs of proof may be imposed only against a party, not the party's counsel.

Appellate Information

• Decided 08/10/2010
• Published 08/10/2010

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Larry D. Lewellyn, Joseph A. Lumsdaine