Defendant winner in a previous copyright dispute filed a memorandum of routine costs, but never moved for recovery of attorney’s fees in that action. This decision, tactical or otherwise, was dispositive in the next case we examine.
Defendant, in De Walt v. Jobete Music Co., Inc., Case No. B240650 (2d Dist., Div. 2 May 7, 2013) (unpublished), subsequently offset royalties by claimed fees that winner never claimed in the prior lawsuit. Defendant then sued for breach of contract/conversion, but the trial court found that defendant was barred from seeking offset of fees by not pursuing them to an adjudication in the earlier action.
Lower court ruling affirmed on two grounds. First, the fees based on the indemnification claim was a compulsory cross-complaint which was not pursued. Second, defendant was barred from seeking fee offsets because it did not comply with the California Rules of Court deadlines relating to fee recovery.