Cases: Costs

Costs, Prevailing Party: No Abuse Of Discretion In Trial Court’s Denial Of Prevailing Party Fees And Determination That There Was No Prevailing Party In Mixed Results Action

Cases: Costs, Cases: Prevailing Party

It Is Well Within The Trial Court’s Discretion To Make A Determination That Neither Party Prevailed Sufficiently To Justify An Award Of Attorney Fees.             In Ayala Boring v. HPS Mechanical, Case No. D076054 (4th Dist., Div. 1 March 19, 2021) (unpublished) – which resulted in two separate appeals – contractor defendant entered into a […]

Civil Rights, Costs, Special Fee-Shifting Statutes: Ninth Circuit Vacates And Remands $5,962.11 Costs Award To Defendant Landlord Prevailing On Summary Judgment Against Plaintiff Tenant Claiming Race And Disability Discrimination

Cases: Civil Rights, Cases: Costs, Cases: Special Fee Shifting Statutes

In So Doing, The Ninth Circuit Joins The First, Second, Fourth, and Fifth Circuits In Holding That The Christiansburg Standard Applies To The Award Of Attorney’s Fees And Costs Under The Fair Housing Act.             The U.S. Supreme Court, in Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978), held that, under the fee-shifting provision

Allocation, Civil Rights, Costs, Employment: Former Employer Properly Was Denied Attorney’s Fees Where FEHA Case Had Some Substance

Cases: Allocation, Cases: Civil Rights, Cases: Costs, Cases: Employment

However, 2/3 DCA Follows Roman Opinion On When To Award Costs On Non-FEHA Claims.             In Chevreaux v. Long Beach Memorial Medical Center, Case Nos. B291268/B292937 (2d Dist., Div. 3 Feb. 24, 2021) (unpublished), a jury returned a defense verdict in favor of a former employer on a non-FEHA, Tameny retaliation claim after she dismissed

Costs, Employment: Trial Court’s Costs Award To Defendant Prevailing Against FEHA And DJOA Claims Proper Where The Costs Were Awarded Only For The DJOA Claims

Cases: Costs, Cases: Employment

Costs May Not Be Awarded To Prevailing FEHA Defendants Unless Plaintiff’s Action Was Frivolous, Unreasonable, Or Groundless When Brought Or Continued, But A Trial Court May Award Costs To A Prevailing Defendant For Non-FEHA Claims Litigated With FEHA Claims.             In Jones v. Quality Coast, Case No. B297425 (2d Dist., Div.5 February 22, 2021) (unpublished),

Costs, Deeds of Trust, Prevailing Party, Section 1717, Seriously: 4/3 DCA Affirms Mixed Results Fee Awards To One Of Two Plaintiffs Of $34,740 And A Combination Of $35,577 To Two Of Three Defendants

Cases: Costs, Cases: Deeds of Trust, Cases: Prevailing Party, Cases: Section 1717, Seriously

The Title Issue That Started It All Was Partly Corrected And Seller Resumed Payments Years Before, But The Parties Battled On All The Way To Trial – Incurring A Combined Total Of $202,299.50 In Fees, Plus Costs.             In our Mission Statement, we quote a statement made by Retired Justice Wallin in Deane Gardenhome

Cases Under Review, Costs: SCOTUS Grants Certiorari On The Question Of Whether District Courts Have Discretion To Deny Or Reduce Appeal Costs

Cases: Cases Under Review, Cases: Costs

Particular Question Dealt With Substantial Supersedeas Bond Premiums and Interest.             On January 8, 2021, the U.S. Supreme Court granted certiorari on an appellate costs issue, in City of San Antonio v. Hotels.com, No. 20-334 (U.S.), to wit:  “Whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack[]

Costs: No Costs Awarded To Prevailing Party Winning $2,000 And Limited Equitable Relief In Unlimited Case Involving Feuding Neighbors

Cases: Costs

Trial Judge Did Not Abuse Discretion In Not Awarding Litigation Costs Where Ultimate Win Was Minor In Nature In Unlimited Civil Case.             All litigation practitioners should be attuned to the next case, Van Taylor v. Ivie, Case No. B281545 (2d Dist., Div. 3 Jan. 26, 2021) (unpublished), where litigation costs are claimed in an

Costs: Reversal Of Costs Awarded To Defendants Necessitated By Reversal Of Trial Court’s Granting Of Defendants’ Summary Adjudication Motion On Negligent Misrepresentation Claim

Cases: Costs

Plaintiff Adequately Alleged Negligent Misrepresentation, Submitted Evidence Demonstrating A Triable Issue Of Fact, And Defendants Did Not Establish That Plaintiff Could Not Prove The Elements Of Negligent Misrepresentation.             For a nice discussion re the elements of intentional and negligent misrepresentation, we commend our readers read Borman v. Brown, Case Nos. D076239/D076748 (4th Dist.,

Appealability, Costs: Appeal Of Post-Judgment Order Striking Request For Costs Dismissed On Appeal Against Plaintiffs Who Did Obtain A Merits Reversal Of A Demurrer To A Brown Act Mandate Petition

Cases: Appealability, Cases: Costs

Reason For The Dismissal Was Plaintiffs’ Failure To Adequate Raise Or Brief The Issue.              In New Livable California v. Assn of Bay Area Governments, Case No. A159235 (1st Dist., Div. 3 Dec. 18, 2020 December 18, 2020, published on Jan. 6, 2021), plaintiffs lost a Brown Act writ of mandate petition on a demurrer,

Costs, Private Attorney General, Reasonableness Of Fees: Petitioners, In Long-Standing San Francisco Bicycle Plan CEQA Challenges, Who Achieved Limited Success, Had Costs Properly Stricken And Recovered 50% Less Than Requested Once The Lodestar Was Reduc

Cases: Costs, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

Bottom Line In This Case, Limited Success Will Impact Cost and Fee Recovery, Even In Public Interest Cases.             We have seen that costs and attorney’s fees in many public interest cases, including those under the private attorney general statute, can be quite large.  However, one should keep in mind that the cost and fee

Scroll to Top