Cases: Costs

Costs, Mediation: Fifth District Indicates, Quite Strongly, That Private Mediator Fees Are A Prime Candidate For Routine Costs Recovery In A Voluntary Mediation Situation

Cases: Costs, Cases: Mediation

Court-Ordered Mediation Alone Should Not Determine If Costs Recoverable; However, Expert Witness Expenses Not Ordered By Lower Court Were Not Recoverable.             The Fifth District, in Berkeley Cement, Inc. v. Regents of the University of California, Case Nos. F073455/F073586 (5th Dist. Jan. 7, 2019) (partially published; expert fee costs discussion not published; mediation costs discussion […]

Costs: Prevailing Party, Through Supplemental Declaration And Spreadsheet From Expert, Cured Prior Deficiencies And Garnered $4,000 For Amounts Actually Paid To Expert

Cases: Costs

Trial Court’s Second Chance To Prevailing Party Resulted In Costs Award.             Once a prevailing party establishes that a cost item is recoverable (listed in CCP § 1033.5 or by statute, such as expert witness fees when a CCP § 998 shifting is triggered), the amount of the costs awarded is usually a discretionary call

Costs: Defendant Winning One Dollar In Heavily Contested Case Was The Prevailing Party With Net Monetary Recovery For Purposes Of Routine Costs Award

Cases: Costs

Loser Provided No Authority That Pre-Litigation Payments Could Be Factored Into The Costs Calculus.        Young Man Deposits Dollar Bill at Bank Teller's Window                 Defendant in a heavily contested contract case won $1 on its contract claim against a non-prevailing party. That was enough to justify an award of routine costs of the defendant

Costs: Order Awarding Or Taxing Costs After Voluntary Dismissal Without Prejudice Is Appealable, With 4/2 DCA Agreeing With 4/3 DCA In Split Of Opinion On Subject

Cases: Costs

However, Costs Award Against Plaintiff’s Counsel Was Void Because Routine Costs Not Normally Allowable Against Counsel.             The 4/2 DCA, in Gassner v. Stasa, Case No. E068058 (4th Dist., Div. 2 Dec. 17, 2018) (partially published), faced a situation where a trial judge awarded costs jointly and severally against a plaintiff and plaintiff’s counsel after

Costs: Does FRCP 41(d) Allow For Recovery Of Attorney’s Fees As Costs When Plaintiff Previously Dismissed An Action Based On Claims Against The Same Defendant In A District Court?

Cases: Costs

Answer: Courts Are Split – Some Say No, Some Yes In The Court’s Discretion, And Others Say Yes If The Claims In The Original Suit Allowed For Fee Recovery.             Federal Rule of Civil Procedure 41(d) provides: “If a plaintiff who previously dismissed an action in any court files an action based on or including

Consumer Statutes, Costs, Reasonableness Of Fees: 4/2 DCA Reverses Fee Award Under Song-Beverly Act Where Trial Judge Seemed To Base Award On Proportionality Of Fees To Modest Damages Award

Cases: Consumer Statutes, Cases: Costs, Cases: Reasonableness of Fees

Also, Denial Of Trial Transcript Expenses Reversed Because They Were Compensable Under Song-Beverly Act Costs/Fee-Shifting Provision.             Although occurring in the civil rights context, we foresaw in our December 20, 2015 post on Kerkeles v. City of San Jose, 243 Cal.App.4th 88, 102-104 (2015) that it would have much more significance in other substantive areas.

Employment, Costs: Appellate Court Directive That “The Parties To Bear Their Own Costs On Appeal” Does Not Preclude Award Of Appellate Fees

Cases: Costs, Cases: Employment

Directive Only Deals With Appellate Routine Costs, With Berman Hearing Fee-Shifting Provision Allowing For Recovery Of Appellate Fees For Prevailing Party Work.             This case deals with a Berman hearing—an employee’s hearing before the California Labor Commissioner for unpaid wages. Employers gripe because, if a de novo trial is sought in the superior court, they

Costs, Probate, Section 998: Insurance Company Controlling Litigation Is De Facto Party Under Probate Code, Liable For Litigation Costs Under Rejected CCP § 998 Offer

Cases: Costs, Cases: Probate, Cases: Section 998

Because Insurance Company Controls The Litigation, Court Looks Past "Legal Fiction" That Decedent's Estate Is The Party.         Amanda Meleski was injured when Albert Hotlen ran a red light and collided with her vehicle. But by the time Mr. Hotlen could be served with a summons, he was dead. However, Mr. Hotlen had purchased

Costs: Losing Party Properly Saddled With Opposing Expert Review Costs And With Trial Technician/Exhibit Preparation Expenses For Visually Displaying Evidence At Trial

Cases: Costs

About $23,750 In Non-Taxed Costs Were At Issue.             In Tsang v. Engelberg, Case No. A146379 (1st Dist., Div. 3 Nov. 19, 2018) (unpublished), a losing plaintiff was not happy when the lower court denied her motion to tax costs to the winning party for about $23,750, which included review time by a medical/psychiatric expert

Costs: $4,200 In Deposition Costs For Percipient “Higher Up” Witnesses No Abuse Of Discretion For Plaintiff Winning $587,000 In Damages After Bench Trial

Cases: Costs

Whether Costs Are Reasonable And Necessary Happen To Be Discretionary Calls Entrusted To The Trial Judge.             Deposition related costs are allowable, CCP § 1033.5(a)(3)(A), but—as with all costs—must be reasonably necessary to the underlying litigation in the case, Bender v. County of Los Angeles, 217 Cal.App.4th 968, 989-990 (2013). In Xeo International, Ltd. v.

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