May 2010

Fair Debt Collection Practices Act Costs: Prevailing Defendant Cannot Be Awarded Costs Unless The Plaintiff Brought The Action In Bad Faith And For Harassment Purposes

Cases: Consumer Statutes, Cases: Costs

$6,511.46 Costs Award Against Plaintiff Reversed, Because Bad Faith/Harassment Is Necessary Predicate For Adverse Costs Award in Favor of Prevailing Defendant.      In Rouse v. Law Offices of Rory Clark, Case No. 09-55146 (9th Cir. May 3, 2010) (for publication), a district judge awarded $6,511.46 in routine costs to a prevailing defendant in a Fair […]

In The News . . . . Former Santa Rose Police Captain Hit With Fees As Losing Party And Petaluma Spending Fees In Mobile Home Park Rent Control Ordinance Cases

In The News

Ex-Santa Rosa Police Captain Jamie Mitchel Hit With Fee Exposure In His Wrongful Termination Federal Lawsuit.      As reported by Lori A. Carter in her article “Judge rules against ex-Santa Rose police captain” in a May 1, 2010 post on The Press Democrat, California Northern District U.S. District Judge Susan Illston has dismissed a federal

Retainer Agreements: Modification Of Retainer Agreements—New Proposed Rules Of Professional Conduct May Require Fletcher-Like Disclosures

Cases: Retainer Agreements

Carole J. Buckner Surveys Recent Developments in May 2010 Orange County Lawyer Article.      Carole J. Buckner, a Special Assistant United States Attorney, an Adjunct Professor at Western State College of Law, and Chair of the California State Bar’s Committee on Professionalism and Conduct (COPRAC), has written an article aptly entitled “Modification of Lawyer-Client Fee

Costs: Court Of Appeal Affirms Trial Court’s Denial Of Certain Routine Costs

Cases: Costs

Considers Expert Depositions, Subpoena Rush Costs, Expert Witness Fees, Exhibit Copying, Court Call Expenses, and Prejudgment Interest.      The prevailing party in civil litigation is entitled to routine costs. However, the trial court does possess discretion to determine if the expense was reasonably necessary to the conduct of the litigation (in which case it is

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