Grace v. MansourianAnnotate this Case
While driving into an intersection, defendant hit a car driven by plaintiff. Defendant told the traffic collision investigator, Linda Villelli, that when he entered the intersection the light was yellow and he believed he could make it through before the light turned red. An eyewitness, Kathryn Napoli, told Villelli defendant ran the red light. A few weeks after the accident, defendants’ insurance company recorded an interview with Napoli who said defendant ran the red light. After plaintiff and his wife prevailed on their personal injury action against defendant and his mother, plaintiffs filed a motion seeking to recover costs of proof under Code of Civil Procedure section 2033.420 based on defendants’ failure to admit certain requests for admissions. Plaintiffs appealed the trial court’s denial of the motion, arguing abuse of discretion. After review, the Court of Appeal concluded defendants had no reasonable basis to deny liability or plaintiff’s ankle injury and certain treatment for it. Therefore the Court reversed and remanded for the trial court to determine the reasonable amount to be awarded plaintiffs for their costs of proving these issues. The order was affirmed in all other respects.