Samsky v. State Farm Mut. Auto. Ins. Co.

STRATTON, J.-

This appeal challenges the superior court's denial of appellant's motion for costs of proof after respondent denied eight of his requests for admission (RFAs). Appellant Aaron Samsky prevailed at the arbitration of the parties' dispute, and then moved for an award of costs of proving matters State Farm Mutual Automobile Insurance Company (State Farm) denied in the RFAs. Pursuant to Code of Civil Procedure section 2033.420, subdivisions (a) and (b),1 the trial court denied the motion, incorrectly placing on appellant the burden to prove that none of the exceptions to an award of…