Cases: Costs

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should be attuned to the next case, Van Taylor v. Ivie, Case No. B281545 (2d Dist., Div. 3 Jan. 26, 2021) (unpublished), where litigation costs are claimed in an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

Allocation, Costs: No Abuse Of Discretion Where Trial Court Refused To Tax Costs Among Multiple Defendants Who Settled Out Of The Case Before Trial

Cases: Allocation, Cases: Costs

Costs Incurred By Plaintiffs In Relation To Other Defendants Were Directly Relevant To Case Against Appealing Defendant And Reasonably Necessary To The Litigation.             In Booker v. Imerys Talc America, Case No. A153995 (1st Dist., Div. 3 December 11, 2020) (unpublished), wife and heirs of decedent continued mesothelioma-related litigation against seven defendants after his death. 

Arbitration, Civil Rights, Costs: 4/3 DCA Reverses Fees Awarded To FEHA Defendants For Motion To Compel Arbitration Efforts And Costs Awarded For Prevailing In The Arbitration

Cases: Arbitration, Cases: Civil Rights, Cases: Costs

Plaintiffs Achieved Partial Success In Their Opposition To Defendants’ Motion To Compel Arbitration, And Fees/Costs Are Not Awardable To Prevailing FEHA Defendant, Pursuant To Gov. Code § 12965(b), Unless The Court Finds Action Was Frivolous, Unreasonable, Or Groundless When Brought, Or The Plaintiff Continued To Litigate After It Became Clearly So.             In Humphrey v.

Costs: $11,288 Costs Award To County For Outside Counsel/Paralegal’s Administrative Record Work Was No Abuse Of Discretion

Cases: Costs

If Reasonable And Necessary, CCP § 1094.6(c) Allows For Recovery Of These Costs.             In McMillan v. County of Siskiyou, Case No. C087960 (3d Dist. Dec. 9, 2020) (unpublished), plaintiffs wanted a hearing before the County’s Planning Commission to determine whether they had vested rights to a surface mine on a 1,741-acre property.  They got

Costs, SLAPP: 5/5 DCA Affirms Trial Court’s Award Of Attorney’s Fees Against Unsuccessful SLAPPing Defendants And Granting Of Dismissed Plaintiffs’ Motion To Strike/Tax Defendants’ Request For Costs

Cases: Costs, Cases: SLAPP

Defendants’ Anti-SLAPP Motion Was Not Based On Protected Activities And Determined Frivolous, And Order On Costs Was Not Appealable Under The One Final Judgment Rule.             In Lang v. Petaluma Hills Farm, Case No. A156614 (5th Dist., Div. 5 November 20, 2020) (unpublished), several neighbors sued other neighbors – claiming defendant neighbors were conducting

Costs, Discovery: D.C. Circuit Decides That Only Electronic File Conversion Costs, Not Hosting, Organizing, Or Bates Stamping Expenses, Can Be Recovered By Federal Court Winners

Cases: Costs, Cases: Discovery

Interpretation Of The Scope of 28 U.S.C. § 1920 Was At Issue.             28 U.S.C. § 1920 provides:  “A judge or clerk of any court of the United States may tax as costs the following:  (1) Fees of the clerk and marshal; (2) Fees for printed or electronically recorded transcripts necessarily obtained for use in

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