ESTATE OF DOROTHY MANUEL, Deceased. TERRI WILSON, Petitioner and Respondent, v. NANCY L. BROWN, Contestant and Appellant; DAWN CLARK-JOHNSON et al., Objectors and Appellants

Holding

The court held that an award of costs of proof under Code of Civil Procedure section 2033.420 may be imposed only against a party who unreasonably denies a request for admission, and not against that party's counsel. It further held that a trial court abuses its discretion by awarding costs for proving matters that were reasonably contested, and it must calculate the award to include only the reasonable expenses incurred in proving those specific matters for which the denying party lacked a reasonable ground to believe it would prevail.