Cases: Costs

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.

Costs, Private Attorney General: 4/3 DCA Affirms $409,000 Fee Recovery And Additional Costs Recovery Even Though CEQA Petitioners Only Prevailed On One Out Of Close To Thirty Issues

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

Clarification Of Success Facto Under CCP § 1021.5 Is Sorely Needed In This Area.             Our local 4/3 DCA in Protect Our Homes And Hills v. County of Orange (Yorba Linda Estates), Case No. G054631 (4th Dist., Div. 3 Oct. 25, 2018) (unpublished) was an appeal from a situation where CEQA petitioners “partially” prevailed in

Class Action, Costs, Lodestar, Reasonableness Of Fees, Section 998: Trial Judge Properly Awarded Class $333,000 In Attorney’s Fees Out Of Requested $780,845.62

Cases: Class Actions, Cases: Costs, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Section 998

However, Lower Court Did Properly Award Voluntary Mediation Expenses And Expert Fees Incurred By The Class After Rejection Of A CCP § 998 Offer.             In Diaz v. Grill Concepts Service, Inc., Case No. B284146 (2d Dist., Div. 2 Oct. 19, 2018) (unpublished), former restaurant employees of a Daily Grill brought a class action for

Costs: Ship Vessel Owner’s Premiums For An Undertaking To Release Ship Under Custody Not Recoverable Under 28 U.S.C. § 1920 Or Other Statutory Authority

Cases: Costs

W.D. Wash. Local Rule To The Contrary Required Reversal Of Premium Costs To Prevailing Ship Vessel Owner.             Bunker Holdings Ltd. v. Yang Ming Liberia Corp., No. 16-355539 (9th Cir. Oct. 11, 2018) (published) was a situation where a prevailing ship vessel owner in an admiralty/maritime case was awarded costs, under a W.D. Wash. Local

Costs: Trial Judge’s Categorical Rejection Of Taxing Deposition and Trial/Other Travel Costs By Texas Counsel In California Case Required Reversal And A Restudy

Cases: Costs

Reimbursement Of Certain Expenses For Out-Of-State Counsel Can Be Entertained If Reasonably Necessary To The Litigation.             Legendary Investors Group No. 1 f. Niemann, Case Nos. B281915 et al. (2d Dist., Div. 4 Oct. 9, 2018) (unpublished) was a situation in which the trial judge denied out-of-state (Texas) counsel’s costs for travel to deposition and

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