Appellate Court Modified Judgment Based On Small Costs Reduction By Lower Court In Order To Put The Case To Bed.
Plaintiff losing contractual breach claims after a demurrer was sustained without leave to amend was later hit with an adverse $19,745 fees award based on a contractual fees clause (full fee request) and routine costs (except for a $180 reduction) in favor of prevailing defendant. The appellate court in Thicker Than Water, Inc. v. Sabhlok, Case No. A154064 (1st Dist., Div. 5 July 31, 2019) (unpublished) affirmed the fees/costs awards, with a small modification in the judgment. Defendant’s procedural win, which dismissed the case with prejudice, was a type of win which merits a prevailing party fee award. (Scott Co. v. Blount, Inc., 20 Cal.4th 1103, 1109 (1999).) However, at the hearing on the motion to tax/strike costs, the lower court reduced costs by $180 but did not issue an amended judgment. The appellate court modified it accordingly in order to avoid an unnecessary remand for this minor costs reduction. (Orthopedic Systems, Inc. v. Schlein, 202 Cal.App.4th 529, 547 (2011).)