Opinion
Case No.: 2:09-CV-02451-JAM-DAD
10-27-2011
HARTFORD FIRE INSURANCE COMPANY, a Connecticut corporation, Plaintiff, v. WESTAMERICA BANK, a California corporation, Defendant.
Richard P. Murray, Esq., (CA State Bar No. 99998) LAW OFFICES OF RICHARD P. MURRAY Attorneys for: Defendant, WESTAMERICA BANK Watt, Tieder, Hoffar & Fitzgerald, LLP By: Andrew Van Ornum Attorneys for Plaintiff HARTFORD FIRE INSURANCE COMPANY
Richard P. Murray, Esq., (CA State Bar No. 99998)
LAW OFFICES OF RICHARD P. MURRAY
Attorneys for: Defendant,
WESTAMERICA BANK
ORDER RE MOTION FOR FRCP
RULE 37 (C) (2) SANCTIONS
Dept.: Courtroom 6
Judge: Hon. John A. Mendez
Trial: Judgment already entered
ORDER
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 Nos. 1, 3 through 9, 12, 13, 16 through 20, 26 and 27.
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.
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 basis for believing that it would prevail as to such issues. Hartford's conduct therefore did not rise to the level justifying sanctions even if Hartford ultimately did not prevail on all such issues. The motion is Denied.
HONORABLE JOHN A. MENDEZ
U. S. District Court Judge
APPROVED AS TO FORM:
Watt, Tieder, Hoffar & Fitzgerald, LLP
By: Andrew Van Ornum
Attorneys for Plaintiff
HARTFORD FIRE INSURANCE COMPANY