Request for Admissions Denial Danger

A perplexing California Fourth Appellate District case regarding denial of Request for Admissions, Grace v. Mansourian has just been ordered published.  The case involved a defendant who had a good faith belief that the traffic light was “green,” while other “witnesses” and the traffic investigation disagreed.  Verdict for plaintiff, who recovered costs for proving matters denied by defendant’s Request for Admissions denials.

The Appellate court held that the defendant’s firm belief the light was green was not reasonable in light of all the evidence.  In a somewhat convoluted ruling, the Court stated that it was irrelevant as to defendant’s reasonable belief he did not run the light, but rather if the defendant reasonably believed he would prevail on that issue at trial.

Do you believe the court would have decided in this manner if plaintiff would have held to a “reasonable” belief the light was green?

Be careful of broad-stroke denials of Request for Admissions and polish your crystal ball for your “Request for Admissions you can prevail on the specific issues at trial.

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