Cases: Costs

Costs, Requests For Admissions: Jane Doe Plaintiff Losing At Trial Based On A Nonsuit Properly Assessed With $19,500 In Costs-Of-Proof Sanctions And With Routine Costs Of $107,440.35

Cases: Costs, Cases: Requests for Admission

Respondents Conceded $6,988.27 In Claimed Costs Were Not Allowable.             Doe v. Dept. of Children & Family Services, Case No. B276699 (2d Dist., Div. 8 July 18, 2019) (published; previously issued as unpublished on June 20, 2019) is a case demonstrating how respondents, on appeal, can gain appellate credibility by conceding a legal issue for […]

Civil Rights, Costs, Employment, Section 998: Where Thrust Of Losing Plaintiff’s Suit Was A FEHA Claim, Trial Court Properly Refused To Award CCP § 998 Costs To Winning Defendant Despite Loss On Non-FEHA Whistleblower Claim

Cases: Civil Rights, Cases: Costs, Cases: Employment, Cases: Section 998

Prominence Of Suit Prevailed, Plus Appellate Court Offers Tips On What Trial Courts Ought To Follow When There Is A Split In Intermediate Appellate Thought On An Issue.             In Thiry v. Pet Partners, Inc., Case No. E070851 (4th Dist., Div. 2 June 20, 2019) (unpublished), plaintiff brought a mixed FEHA/whistleblower/UCF suit based on allegations

Costs, Employment: Defendant Winning Against Plaintiff’s Employment-Based Claims, Although Losing Cross-Claims, Entitled To Routine Costs, But Not Costs Under Labor Code Section 218.5

Cases: Costs, Cases: Employment

No Finding That Claims Made Or Prosecuted In Bad Faith Failed To Trigger Section 218.5 Cost-Shifting.             Plaintiff and defendant/cross-complainant lost both of their suits after a bench trial, plaintiff losing wage/hour claims and cross-complainant losing fiduciary duty/joint venture cross-claims.  The lower court determined both sides should bear their own costs, with no determination made

Costs, POOF!, Private Attorney General: Plaintiff’s CCP §1021.5 Fee Award Of $827,035 Went POOF! On Appeal

Cases: Costs, Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

Plaintiff Did Not Obtain Its Primary Litigation Objective Such That Fee Award Was Abuse Of Discretion; Prevailing Defendant’s Costs Request Was Improperly Stricken Because It Prevailed.            San Diegans For Open Government v. City of San Diego & San Diego Tourism Marketing Dist. Corp., Case No. D072181 (4th Dist., Div. 1 April 4, 2019) (unpublished) shows

Costs, Private Attorney General: Petitioner Winning Some Claims Which Vindicated A Local Ordinance Passed By Public Initiative Vote Was Prevailing Party For Routine Costs And Might Be Prevailing Party For CCP § 1021.5 Fees

Cases: Costs, Cases: Private Attorney General (CCP 1021.5)

Successful Party And Significant Benefit Prongs Met, But Remanded To See If Financial Burden Element Met Under Section 1021.5.             The Third District in Friends of Spring Street v. Nevada City, Case No. C086563 (3d Dist. March 28, 2019) (unpublished) had found in an earlier appeal that petitioners had properly challenged real parties’ ability to

Costs, Fee Clause Interpretation, Homeowner Associations, Section 1717: Trial Court Properly Denied Fee Recovery To Prevailing Defendants Under Davis-Stirling Act Or Civil Code Section 1717 And Properly Struck The Costs Memorandum

Cases: Costs, Cases: Fee Clause Interpretation, Cases: Homeowner Associations, Cases: Section 1717

Action Was Based On Tort, Not CC&Rs; Fee Clause Did Not Reach Tort Claims Under Section 1717; And Defendants Failed To Apportion Costs As Between Themselves.             In the fee area, you must have a solid fee entitlement basis and you usually have to apportion costs where there are several prevailing defendants rather than claim

Costs, Fees as Damages: $298,843 Attorney’s Fees Recovery To Prevailing Cross-Defendant Subcontractor In Personal Injury Case Affirmed On Appeal

Cases: Costs, Cases: Fees as Damages

Attorney’s Fees Could Be Claimed As Costs Based On Contractual Fees Clause, Not Having To Be Plead As Damages And Not Subject To Any Reduction Because Insurance Carrier Covered Fees For Cross-Defendant.             In Strouse v. Webcor Construction, L.P., Case No. A148863 (1st Dist., Div. 3 March 27, 2019) (unpublished), plaintiff, employee of subcontractor ACCO,

Costs, Deadlines: Where Matter Is Reversed On Appeal And Remanded, Clock Reset For Trial Court Costs Motion Depending On What Happens On Remand

Cases: Costs, Cases: Deadlines

40-Day Post-Remittitur Period Did Not Govern.             In Mangine v. Ball, Case Nos. B285059/B286055 (2d Dist., Div. 7 March 25, 2019) (unpublished), tenant lost a case for failure to maintain her rental unit in line with building codes. The prevailing party filed for routine costs, with the trial court rejecting the tenant’s motion to tax

Costs, Requests For Admissions: In Trip And Fall Case Resolved Against Plaintiff On Summary Judgment, Trial Court Correctly Denied “Proof of Costs” Sanctions For RFA Denials And Properly Taxed Costs To Defense To Some Degree

Cases: Costs, Cases: Requests for Admission

Mathematical Error In Costs Award Corrected, But Nonparty Could Not Be Added As Joint Obligor On Costs Award.             Sailors v. City of Fresno, Case No. F075577 (5th Dist. March 20, 2019) (unpublished) (there are two other unpublished consolidated cases, but the results are the same) involved a plaintiff suffering severe injuries in a trip

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