UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
October 27, 2011
HARTFORD FIRE INSURANCE COMPANY, A CONNECTICUT CORPORATION, PLAINTIFF,
WESTAMERICA BANK, A CALIFORNIA CORPORATION,
The opinion of the court was delivered by: Judge: Hon. John A. Mendez
ORDER RE MOTION FOR FRCP RULE 37 (C) (2) SANCTIONS Date: October 5, 2011 Time: 9:30 a.m. Dept.: Courtroom 6
Trial: Judgment already entered Defendant.
The Motion of Defendant Westamerica Bank for Sanctions pursuant to FRCP Rule 37 (c)(2) came on regularly for hearing in the above entitled court on October 5, 2011. Richard P. Murray appeared on behalf of Defendant Westamerica Bank. Andrew Van Ornum appeared on behalf of Plaintiff Hartford Fire Insurance Company.
Defendant Westamerica Bank brings this motion for sanctions in proving matters denied by Plaintiff Hartford Fire Insurance Company in response to Requests for Admissions, Set One, Request 3 Nos. 1, 3 through 9, 12, 13, 16 through 20, 26 and 27. 4
The court having considered the papers filed by each party and the
oral argument offered at
the hearing, and good cause appearing, hereby DENIES the Motion for
Rule 37 (c)(2) sanctions. 6
The court finds that Hartford was justified in denying the Requests for Admissions which are the subject of the motion in that it had a reasonable basis for believing its denial and a reasonable 8 basis for believing that it would prevail as to such issues. Hartford's conduct therefore did not rise to 9 the level justifying sanctions even if Hartford ultimately did not prevail on all such issues. The 10 motion is Denied. 11 12
HONORABLE JOHN A. MENDEZ U. S. District Court Judge
APPROVED AS TO FORM :
/s/_____________________________ Watt, Tieder, Hoffar & Fitzgerald, LLP By: Andrew Van Ornum Attorneys for Plaintiff HARTFORD FIRE INSURANCE COMPANY
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