Mike & Marc Have Previously Posted About Berkeley Cement v. Regents Of The University of California. Co-contributor Marc's article entitled "Cost-shifting in mediation after Berkeley Cement ruling" appears today, in the January 29, 2019 Daily Journal. If you subscribe to the Daily Journal, then you can access the article on-line. Or you can read a
Federal Appellate Court Dismisses Arguments That Costs Recovery Not Allowable Under FRCP Or FLSA, Or Was An Abuse of Discretion Under The Circumstances. This next case is a harbinger for risk advice which plaintiff litigators should provide to putative Fair Labor Standards Act (FLSA) plaintiff clients, because these clients could be liable for certain
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
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
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
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
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
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.
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
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
