Bellavia v. California Micro Devices
At issue in this appeal is a post-judgment order for costs and attorney fees, made pursuant to a provision of the California Civil Discovery Act.[1] The order was imposed on defendant, California Micro Devices, Inc., as a consequence of its denial of certain requests for admissions propounded by the plaintiff, Charles F. Bellavia.
In support of its bid for reversal, defendant makes three arguments on appeal: (1) the statute does not apply in the procedural context of this case, a judicial arbitration at which the plaintiff did not prove the subject matter of the admissions; (2) the statute does not apply because defendant reasonably believed that it would prevail on the matters addressed in the requests for admissions; and (3) even assuming that the statue applies here, the amount awarded was excessive.
Based on the unambiguous record before us, Court agree in part with defendants first contention, that plaintiff did not prove the matters at issue in the requests for admissions, which is required to support an award under the statute. Court therefore reverse.
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