Cases: Costs

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             In The Real Estate Store v. Michel, Case No. B301771 (2d Dist., Div. 3 July 8, 2020) (unpublished), defendant obtained a reversal of a “each side bears its own costs and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 G056789/G057216 (4th Dist., Div. 3 June 25, 2020) (unpublished), plaintiff lost a consumer remedies/lemon law case after rejecting two CCP § 998 offers.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              In Abarca v. Citizens of Humanity, LLC, Case No. B290090 (2d Dist., Div. 3 June 18, 2020) (unpublished), a FEHA plaintiff won a jury verdict on disability discrimination/retaliation claims, although losing two other claims, to the tune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

Costs, Special Fee Shifting Statute: Governmental Entity Could Not Charge Redaction Expenses As “Data Extraction” Costs Under The Public Records Act

Cases: Costs, Cases: Special Fee Shifting Statutes

Two Provisions Had To Be Harmonized To Get To The Holding.             In National Lawyers Guild v. City of Hayward, Case No. S252445 (Cal. Supreme Court May 28, 2020) (published), the California Supreme Court decided that City was not allowed to charge a Public Records Act requestor the expenses of redacting statutorily-exempt information because those

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).

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