Cases: Costs

Allocation, Costs: Defendant Independent Insurance Adjustor Properly Awarded $8,148.47 In Routine Costs

Cases: Allocation, Cases: Costs

Although Adjustor Was Represented Jointly With Two Nonprevailing Defendants, Costs Were Carefully Apportioned By Lower Court In Fashioning Costs Award.             In Owens v. Bynum, Case No. A152090 (1st Dist., Div. 3 Sept. 25, 2018) (unpublished), defendant independent insurance adjustor was awarded costs of $8,148.47 in routine costs against plaintiff after defendant won a demurrer […]

Costs, Special Fee Shifting Statute: Prevailing Defendant In Civil Harassment Proceeding After Dismissal Of Petition For Restraining Orders Entitled To Claim Attorney’s Fees Through A Cost Memorandum

Cases: Costs, Cases: Special Fee Shifting Statutes

Costs Memorandum Or Fee Motion Were Proper Methods To Request Fee Recovery Under CCP § 527.6.             In Tardaguila v. Conley, Case No. B279316 (2d Dist., Div. 2 Aug. 29, 2018) (unpublished), prevailing defendant was awarded $8,956.34 in attorney’s fees after plaintiff dismissed her petition for civil harassment restraining orders against defendant. Fees are allowable

Costs, Section 998: Inability To Pay Does Not Prevent An Award Of Routine CCP § 1032 Costs, While Trial Judge’s Wholesale Denial Of Costs Required Evaluation Of Whether “Walkaway” CCP § 998 Offer Was In Good Faith

Cases: Costs, Cases: Section 998

On Remand, Financial Condition Of Rejecting Offeree Can Be Considered In The Costs-Shifting Proceeding.             LAOSD Asbestos Cases (Alfaro v. Colgate-Palmolive Co.), Case No. B281022 (2d Dist., Div. 4 Aug. 8, 2018) (published) involved the results of a costs-shifting proceeding in a case where a plaintiff lost her tort case in which she alleged developing

Allocation, Consumer Statutes, Costs: Consumer Plaintiff’s Win Against Car Assignee Did Require Remand Of Attorney’s Fees Decision To Allocate To The One Prevailing Claim Against Appealing Defendant And Required Rev. Of Expert Witness Fees As Costs

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs

Appealing Defendant Picked Its Spots On Appeal, Awarded As Being Selective!             This next case is an illustration where a non-prevailing defendant on peripheral claims appealed selectively on an adverse attorney’s fees and costs award, handsomely awarded by being discreet in what it appealed.             In Ajis v. Foreman Financial, Inc., Case No. B280208 (2d

Costs: Costs Request Filed Before Judicial Referee Properly Preserved The Issue, Even Though No Costs Memorandum Filed With Superior Court

Cases: Costs

Parties’ Choice Of Judicial Reference Prevailed.            In Fitness International, LLC v. Monterey Property Associates Anaheim, LLC, Case No. D071910 (4th Dist., Div. 1 July 25, 2018) (unpublished), the appellate court sustained a determination that the parties’ judicial reference stipulation was broad such that it allowed a costs request to be filed before the referee,

Costs: Winning CEQA District Properly Awarded $21,160.46 As Costs For Preparation Of Certified Administrative Record Where District Took Over Efforts Due To Petitioner’s Delay

Cases: Costs

Award Was Reduced From $38,836.54 Request.             After a CEQA petitioner lost a writ proceeding, respondent District sought to recoup a total of $38,836.54 in costs for preparing the certified administrative record, in timely fashion, based on delays on the part of the petitioner initially electing to prepare the record. The trial judge granted the

Allocation/Civil Rights/Costs/Reasonableness Of Fees: $158,880.50 Fee Award To Unruh Act Plntf Remanded For Review To Exclude Fees For A Co-Defendant’s Work, Limited Success In Light Of injunctive Modification, And Elimination Of Clerical Work Billing

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

Costs Award Affirmed, But Fee Award Remanded For A Further Re-Do.              In Hernandez v. Starbucks Coffee Co., Case Nos. H042848/H043393 (6th Dist. June 20, 2018) (unpublished), plaintiff successfully sued Starbucks for Unruh Act accessibility barrier discrimination at a San Jose store. Plaintiff was awarded statutory damages of $4,000 (although not winning all accessibility claims)

Costs: Corporate Directors/Officers Testifying For Defendant Corporation, If Not Named Personally In A Lawsuit, Can Obtain Witness Fees From Nonprevailing Parties For 30(b)(6) Or Other Depositions

Cases: Costs

S.D. Cal. Local Rule So Allowed.             In Stevens v. CoreLogic, Inc., No. 16-56089 (9th Cir. June 20, 2018) (published), defendant won summary judgment in a case where plaintiff photographers alleged CoreLogic removed copyright management information from photographs and distributed them in such a state in violation of 17 U.S.C. § 1202(b)(1)-(3). CoreLogic filed a

Costs, Special Fee Shifting Statute: Superior Court Properly Awarded General CCP § 1032 Prevailing Party Dismissal Routine Costs Totaling $1,010 In Dismissed, Transferred Small Claims Action

Cases: Costs, Cases: Special Fee Shifting Statutes

Appellant Argued Small Claims Special Statutory Prohibition Applied, But It Did Not.             We once in a long while get a case involving a small claims matter, which the next case happens to be. These matters, in the fees and costs area, usually focus on whether general CCP routine costs provisions prevail or whether special

Costs, Section 998: Deposition Transcripts Ordered And Jury Fees Posted By Separate Defendants Are Awardable As Routine Costs.

Cases: Costs, Cases: Section 998

Expert Witness Fee Requests Did Not Have To Be Scaled Down Due To Plaintiff’s Financial Condition.             On the merits, Alexander v. Scripps Memorial Hospital La Jolla, Case No. D071001 (May 11, 2018 partially published; costs discussion not published) is a wrenching decision on a patient’s health care directives conflicting with providers’ opinions that the

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