California Court of Appeal

Postjudgment order granting, in part, a motion by defendant to recover costs of proof under Code of Civil Procedure section 2033.420, on grounds that plaintiff denied their pretrial request for admission without a reasonable basis, is reversed and remanded to the trial court with instructions to enter a new order denying defendant's motion for recovery of costs of proof in its entirety, where the limitation on remedies in 47 U.S.C. section 555a(a) precluded the trial court from awarding defendant costs of proof under CCP section 2033.420.

Appellate Information

• Decided 03/18/2015
• Published 03/18/2015

Judges

• Mosk

Court

• California Court of Appeal

Counsel