Cases: Costs

Costs, Prevailing Party: Where There Were Several Judgments, With Plaintiff Not Prevailing On A Misappropriation Claim In The Second Phase, Defendant Was Entitled To Routine Costs

Cases: Costs, Cases: Prevailing Party

Case Involved Applying DeSaulles Under Unusual Circumstances.             Ajaxo, Inc. v. E*Trade Financial Corp., Case No. H043530 (6th Dist. Apr. 23, 2020) (published) is must reading for practitioners in trade secret cases when it comes to royalty awards under California’s Uniform Trade Secret Act.  It also has an interesting published discussion on who is the […]

Costs, Experts, Insurance, Section 998: Denial Of All But $11,753.94 Of Prevailing Personal Injury Plaintiff’s $83,048.06 Costs Request Affirmed On Appeal

Cases: Costs, Cases: Experts, Cases: Insurance, Cases: Section 998

An Invalid Section 998 Offer And A Failure To Reserve The Right To Seek Prevailing Party Fees In Agreements To Split Costs Sealed Plaintiff’s Fate.             In Anthony v. Li, Case No. A156640 (1st Dist., Div. 3 April 13, 2020) (published), a prevailing personal injury plaintiff, to whom a jury awarded $650,235.00 in damages

Costs, Prevailing Party, Section 998, Section 1717: Trial Court Order Denying All Attorney’s Fees And Costs To Defendants Reversed On Appeal

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Defendants Will Be Entitled To Substantial Fees/Costs On Remand, Not To Mention An Attempt To Garner Even More Fees.             This next case is a very substantial reverse of fortune on appeal.  So, that takes us to posting on Abregov v. Lawrence, Case No. G056866 (Abregov II) (4th Dist., Div. 3 Mar. 19, 2020) (unpublished).

Costs: Deposition, Witness Appearance, Official Court Reporter, And Exhibit Routine Costs Awarded For Trial Efforts Affirmed On Appeal

Cases: Costs

Multiple Challenges Rejected By Appellate Court.             In Arambula v. Irvine Unified School Dist., Case No. G057396 (4th Dist., Div. 3 Mar. 16, 2020) (unpublished), a trial court loser recovering nothing decided they should challenge very routine costs which were awarded by the trial court.  Bad move.             Appellant challenged deposition costs for the defense

Costs, Employment, Prevailing Party: $3,881.39 In Routine Costs, Out Of A Requested $38,813.96, To A Prevailing Wage Claim Plaintiff Was No Abuse Of Discretion

Cases: Costs, Cases: Employment, Cases: Prevailing Party

Reason Was That Plaintiff Only Had Limited Success, So No Abuse Of Discretion In The Reduction By The Lower Court.             So, a plaintiff prevails on a wage/hour claim for unpaid wages under Labor Code section 218.5, but only gets a minimal award which was limited success when other claims are considered?  Does that plaintiff

Costs, Section 998: Most Of $137,559.43 Costs Award To Successful Defendant Property Manager Affirmed On Appeal As Against Unsuccessful Plaintiff Tenants

Cases: Costs, Cases: Section 998

Property Manager’s 998 Offers Were Not Token, Although Some Expert Fees, Exhibits Not Used At Trial, And Attorney Lodging Costs Had To Be Excluded Or Revisited.             Lewis v. RDM Mgt., Inc., Case No. B280728 (2d Dist., Div. 7 March 2, 2020) (unpublished) is a situation where plaintiff tenants in a 23-unit apartment obtained a

Costs, Section 998: Two $50,000 998 Offers Were Made In Good Faith, Justifying Personal Injury Plaintiffs’ Receipt Of Postoffer Costs Of $99,833.53, With Two Minor Modifications On Appeal

Cases: Costs, Cases: Section 998

Fifth District Struck $4,608.53 For Models/Blowups/Exhibit Photocopies And $2,850 Court Reporter Fee For Lack Of Particularized Detail.             The Fifth District, in Childress v. Aaron, Case No. F077027 (5th Dist. Feb. 28, 2020) (unpublished), did a nice, scholarly job of discussing Code of Civil Procedure section 998 good faith principles and Code of Civil Procedure

Civil Rights, Costs: Winning FEHA Plaintiff Properly Awarded $64,356 In Expert Witness Fees Through Costs Memorandum Procedure

Cases: Civil Rights, Cases: Costs

Plaintiff Did Not Necessarily Have To File Noticed Motion Where Trial Court Did Exercise Discretion In Awarding Them Through The Costs Memorandum Process.             A FEHA plaintiff won a very nice jury verdict of $2 million in compensatory damages and $6.1 million in punitive damages (reduced on appeal to $4.264 million based on a net

Costs, Experts, Insurance, Section 998: Trial Court Properly Awarded Costs, Including Almost $70,000 In Expert Witness Fees, To Successful Defendant After Plaintiff’s Rejection Of Defendant’s Section 998 Offer

Cases: Costs, Cases: Experts, Cases: Insurance, Cases: Section 998

Plaintiff May Have Been Overreaching When He Followed Defendant’s $15,001 Offer With His Own $299,995 Offer Given Jury’s Return Of Defense Verdict.             Grayfer v. Wawanesa General Ins. Co., Case No. B285554 (2d Dist., Div. 7 November 18, 2019) (unpublished) provides a cautionary tale about the risk involved in overreaching and rejecting reasonable section

Costs, Special Fee Shifting Statute: Venue Transfer Order—Under Penalty Of Dismissal—Ran From Service Of Minute Order, With Plaintiff’s Noncompliance Leading To A Reversal

Cases: Costs, Cases: Special Fee Shifting Statutes

Failure To Dismiss Case Lead To A Real Reversal Of Fortune!            In Southwestern Law School v. Benson, Case No. BV032895 (L.A. County Superior Ct. App. Div. Oct. 25, 2019, posted Nov. 14, 2019) (published), a very narrow issue was presented on appeal, with dire consequences for the plaintiff.  The issue was whether a plaintiff

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