The records reveals that the referee did review the opposition regarding the request for admissions. The referee clearly provided that the objection based on ambiguity was without merit and this Court agrees. The Court concurs with the Referee's findings on the Special Rogs. 5. The request for sanctions is valid and is supported by the record. The motions involved in this report were filed by B of A against P. Only B of A and P appeared at the hearing.
P fails to meet the burden that referee's findings are unsupported by law or facts.
The report recommends that no sxs be awarded. The hearsay statements of the referee not proven by any declaration of P, the referee or a recorded transcript that the referee intended to issue sxs is not sufficient for this court to issue sxs. The fee issue should be resolved based on the number of participants in these particular motions. Since 4 parties were subject to the motions involved here, the fee should be split 4 ways. MP has also failed to establish bad faith.