However, 1/3 DCA Discusses Split In Opinion About Whether Exhibits Unused At Trial Are Compensable Costs, Agreeing They Are If They Could Be Found Reasonably Helpful To The Trier Of Fact. In Dixon Gas Club LLC v. Safeway Inc., Case No. A139910 (1st Dist., Div. 3 July 30, 2015) (unpublished), Safeway moved for […]
Labor Code Section 98.2 Is Not Symmetrical, Never Intending To Incentivize Employers To File Frivolous Appeals And Then Withdraw Them. Royal Pacific Funding Corp. v. Arneson, Case No. G050158 (4th Dist., Div. 3 July 28, 2015) (unpublished) concerned an employee who won a Labor Commissioner wage claim of $29,500, prompting an appeal to
Above: The Sweet Prospect Behind Us, 1789. Library of Congress. Both Parties To Blame, So No Appellate Fees To Prevailing Party Upon Review. Pets and animals seem to foster a lot of litigation—and, believe me, co-contributors Marc and Mike love their dogs. The next one is for you dog lovers, but the facts should
Reasonable Hotel Expenses Might Have Played A Factor. In Pendola Family Trust Partnership v. Pan Pacific (Pine Creek), L.P., Case No. C074300 (3d Dist. July 29, 2015) (unpublished), plaintiffs appealed a denial of a motion to tax costs against prevailing defendants of these items: (1) pro hac vice motion expenses; (2) travel expenses
Although Meal And Rest Break Claims Would Not Trigger Fee Recovery, Other Claims Did The Trick. Barnes v. Cedars-Sinai Medical Center, Inc., Case No. B255034 (2d Dist., Div. 1 July 29, 2015) (unpublished) is an interesting 998/apportionment case which has some lessons for both plaintiffs and the defense in the Labor Code violations
Trial Court Properly Found They Were “Reasonably Necessary.” In Green v. County of Riverside, Case No. D067424 (4th Dist., Div. 1 July 29, 2015) (published), plaintiff lost an unreasonable police force civil rights case. Later, the trial judge awarded defendants $66,453.02 in costs, $40,610.68 of which constituted paralegal fees for helping prepare/present electronic
$55 Cash Payment Under Claims Procedure Was Consideration, With Class Counsel Obtaining $6.5 Million In Fees And Expenses. In Tait v. BSH Home Appliances Corp., Case No. 8:10-cv-00711 (C.D. Cal. July 27, 2015), U.S. District Judge David O. Carter approved a $6.5 million payment of fees/expenses to class counsel in a case involving
Appeal Did Not Stay Anything, And Cross-Complaint Did Not Matter. In Mother Lode Bank v. Sloan, Case No. F068840 (5th Dist. July 28, 2015) (unpublished), borrower defaulted on bank loans after 7 extensions over a two- year period. Bank won a summary judgment on its judicial foreclosure complaint, being awarded some attorney’s fees
No Costs Allocation Between Plaintiffs Required, 998 Offer Shifted Expert Witness Fees, And Prosecution Of CLRA Claim At Trial Was Not In Good Faith. Foss v. San Antonio Community Hospital, Case No. E057236 (4th Dist., Div. 2 July 28, 2015) (unpublished) was a case prosecuted by plaintiffs against medically affiliated defendants under various
Equitable Considerations Do Not Override “Matter Of Right” CCP § 1032(b) Mandate. In Cheung v. Cheung-Wick, Case No. B254254 (2d Dist., Div. 6 July 28, 2015) (unpublished), brother-in-law did prevail on a cross-complaint in a probate dispute after the trial judge decided the other side did not carry their burden of proof as
