Cases: Costs

Costs: $149,106.50 In Routine Costs (Expert Witness Fees) Were Affirmed In Favor Of The Defense In Accountant Malpractice Action

Cases: Costs

Plaintiff Did Not Meet His Burden In Showing The Expenses Were Unnecessary/Unreasonable.             In Anton v. Barbich Hooper King Dill Hoffman Accountancy Corp., Case Nos. F073713/F074644 (5th Dist. Oct. 20, 2020) (unpublished), plaintiff lost a malpractice case brought against accountant defendants (mainly for accounting expert testimony in a litigation involving division of fees/costs) on summary […]

Costs, SLAPP, Substantiation Of Reasonableness Of Fees: SLAPP Fees Of $63,970 And Costs Of $1,680.13 Affirmed On Appeal

Cases: Costs, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Vague Objections Not Entertained, But Failure To Award Positive Multiplier Was Sustained.             In Koerber v. Project Veritas, Case No. B291770 (2d Dist., Div. 3 Sept. 29, 2020) (unpublished), the Court of Appeal affirmed a mandatory SLAPP award of $63,970 in fees and $1,680.13 in costs.  The defense requested $109,545 in fees, inclusive of a

Civil Rights, Costs: In Mixed FEHA/Non-FEHA Action, Costs Properly Assessed Against Nonprevailing Plaintiff

Cases: Civil Rights, Cases: Costs

Although FEHA Case Was Not Frivolous, Costs Allowable On Non-FEHA Claims.             Even though a losing FEHA plaintiff only gets tagged with routine costs if plaintiff’s case is frivolous, that does not mean that plaintiffs in all actions do not face exposure, which is the situation when non-FEHA claims are involved.             Obi v. L.A.

Costs, Section 998, Special Fee-Shifting Statutes: Plaintiff Gets Second Chance At Arbitration And Post-Arbitration Costs Where Trial Court Erroneously Interpreted That The Parties’ Insurance Agreement Precluded The Award Of Arbitration Costs

Cases: Costs, Cases: Section 998, Cases: Special Fee Shifting Statutes

Insurance Policy Did Not Preclude Recovery Of Costs Under Sections 998 Or 1293.2 And Strictly Limited Arbitrator’s Authority To Decide Only Plaintiff’s Entitlement To Damages And The Amount Thereof.             In Storm v. The Standard Fire Ins. Co., Case No. B299277 (2d Dist., Div. 4 July 24, 2020) (published), plaintiff and defendant insurance company

Costs, Sanctions: Trial Court Properly Denied CCP § 128.7 Sanctions Even Though Opposition Evidence Was Not Overwhelming; However, Costs Had To Be Awarded To Attorney Obtaining Dismissal Of Ex-Client’s Malpractice Complaint

Cases: Costs, Cases: Sanctions

Prevailing Attorney Fell Within Mandatory Category Of A Routine Costs Grant.             This next matter involved a contentious domestic, non-divorce temporary restraining order situation where an attorney sued for recovery of unpaid fees by one side (a male in a relationship with an ex-girlfriend) where there were malpractice allegations that the attorney had an affair

Costs: Where Both Plaintiff And Cross-Complainant Did Not Prevail, CCP § 1032 Required An Award Of Winning Costs To the Successful Defendant

Cases: Costs

However, Appellate Court Strongly Suggested That Attorney’s Fees Were Not Automatic, Given The Lower Court Can Find No One Prevailed—Fee Standard Is Different.             In The Real Estate Store v. Michel, Case No. B301771 (2d Dist., Div. 3 July 8, 2020) (unpublished), defendant obtained a reversal of a “each side bears its own costs and

Costs: Lemon Law Plaintiff Losing Case Properly Assessed With Certain Subpoena Fees, Expert Witness Fees, And Deposition Costs

Cases: Costs

On Appeal, Taxed Deposition Costs Were Additionally Awarded On Defense Cross-Appeal.             In Nguyen v. House of Imports, Inc., Case Nos. G056789/G057216 (4th Dist., Div. 3 June 25, 2020) (unpublished), plaintiff lost a consumer remedies/lemon law case after rejecting two CCP § 998 offers.  In the end, he was saddled with some routine costs.  Plaintiff

Civil Rights, Costs, Substantiation Of Reasonableness Of Fees, Reasonableness Of Fees: Except For Correction Of Routine Costs Math, FEHA Fee Award Of About $1.1M And Almost $107K In Costs Affirmed On Appeal Where Plaintiff Won $650K In Damages

Cases: Civil Rights, Cases: Costs, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Limited Success/Allocation Fee Challenges Rejected On Appeal; Expert Witness Fees Can Be Sought Through A Costs Memorandum.              In Abarca v. Citizens of Humanity, LLC, Case No. B290090 (2d Dist., Div. 3 June 18, 2020) (unpublished), a FEHA plaintiff won a jury verdict on disability discrimination/retaliation claims, although losing two other claims, to the tune

Costs: 2/4 DCA Affirmed Routine Costs For Preparing Exhibits/Closing Demonstratives Not Used At Trial, For Second Defense Counsel’s Deposition Travel Expenses To Japan, And For Certain Deposition/Trial Interpreter Expenses

Cases: Costs

“Pragmatic Take” On Routine Costs Was Explained On Appeal, With Non-Used Exhibits Costs Allowable Despite Siding On A Split In Intermediate Appellate Thinking—If They Were Helpful.             Segal v. ASICS America Corp., Case No. B299184 (2d Dist., Div. 4 June 15, 2020) (published) confronted allowing routine costs—although, given modern litigation expenses, maybe far from routine

Costs, Employment: Plaintiff Obtaining Only $900 In Statutory Penalties And A Minor Statutory Fees Award On A Single Claim Properly Denied Costs

Cases: Costs, Cases: Employment

Defense, Also, Properly Denied Costs Because Plaintiff’s Claims Were Found To Be Nonfrivolous.             In Wergechik v. Anaheim Arena Management, LLC, Case Nos. G056079/G056318 (4th Dist., Div. 3 June 3, 2020) (unpublished), plaintiff did prevail on FEHA claims against defendants, but she was only awarded a $750 penalty and $150 in statutory attorney’s fees on

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