October 2012

Costs: Lower Court’s Disallowance Of Costs Of Digitally Scanning Exhibits And Creating Graphics Was No Abuse Of Discretion

Uncategorized

  Modern Technology Notwithstanding, Reasonably Necessary Versus Convenience Is Judgment Call, With Deference Given to Trial Judge.      Complementary to our contemporaneous post on Parks v. Port of Oakland is the appellate court’s affirmance of a decision to disallow certain high technology trial costs in Dodds v. Meng, Case Nos. D058766/D059409 (4th Dist., Div. 1 […]

Costs: Expedited Deposition Transcripts, Litigation Support, And Deposition Reporter Holiday Per Diem/Different Transcript Formats/Transcript Production Fees Can Be “Reasonably Necessary”

Cases: Costs

  Other Cases Finding These Costs Nonrecoverable Are Distinguishable.      There are two important principles at play in the next case we discuss with respect to recovery of routine costs by a prevailing party: (1) the lower court has a large latitude of discretion to award costs “reasonably necessary to the conduct of the litigation’’

In The News . . . . U.S. Trustee Chapter 11 Proposed Guidelines Mulled, Avandia MDL Fee Request Revealed, Delaware Supreme Court Refuses To Revisit Large Shareholder Lawsuit Fee Award, Fannie Mae/Freddie Mac Legal Fees Spent To Defend Ex-Execs On The Rise

In The News

       We thank our friends at the National Association of Legal Fee Analyses (NALFA) for recent posts on its Attorney Fee Blog, which we have culled and now summarize for you. U.S. Trustee Proposed Guidelines.      NALFA’s September 1, 2012 post: The U.S. Trustees Program met in May of this year to discuss proposed

Retainer Agreements: Client Losing Fees Of $18,000 To Attorney On Cross-Complaint Lost Arbitration And Billing Statement Challenges

Cases: Retainer Agreements

       In Gao v. Lin, Case No. B236041 (2d Dist., Div. 4 Oct. 19, 2012) (unpublished), client lost his malpractice action, but attorney recovered $18,000 on his cross-complaint for unpaid fees, even though the trial court reduced the requested $23,562 based on duplicative work and inefficiencies.      Client’s challenges to the fees award were

Private Attorney General (CCP §1021.5): Winning Nonprofit Entites Entitled To Postjudgment 1021.5 Fees Totaling $45,555.50

Cases: Private Attorney General (CCP 1021.5)

  Plaintiffs Appealed on Significant CEQA Fire Impacts, Quino Protection, and Water Supply Impacts Issues.      Plaintiffs in Preserve Wild Santee v. City of Santee, Case Nos. D055215/D061030 (4th Dist., Div. 1 Oct. 19, 2012) (published) certainly deserve accolades for hanging in there and prevailing on CEQA challenges to fire impacts, Quino protection, and water

Settlement: Fees Clause In Settlement Agreement With CCP § 664.6 Enforcement Rights Gave Fee Recovery To Prevailing Party Ex-Wife

Cases: Settlement

  Attacks on Jurisdiction Rebuffed, Garnering $15,592 in Fees When Motion to Void Judgment Denied.      We commend all litigators to read the unpublished decision in Stone v. Stone, Case No. B239097 (2d Dist., Div. 4 Oct. 18, 2012) (unpublished). It involves husband’s attempt to void a settlement agreement/merged judgment reached in a bitter dispute

Arbitration/Fee Clause Interpretation/Prevailing Party: Dismissed Arbitration Still Meant Litigant Prevailed, Santisas Notwithstanding

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Prevailing Party

  Party Getting Dismissed Arbitration Proceeding Entitled to Fees.      Lakeside Club Villas, Inc. v. LB Property Mgt., Inc., Case No. B236001 (2d Dist., Div. 5 Oct. 16, 2012) (unpublished) is an interesting case showing how the breadth of a fees clause awarding fees/costs in an arbitration will garner a litigant a fee recovery, even

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