Cases: Costs

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

Costs, Employment, Reasonableness Of Fees: FEHA Award Of $44,437.50 In Attorney’s Fees And $3,411.37 In Costs Was Largely No Abuse of Discretion

Cases: Costs, Cases: Employment, Cases: Reasonableness of Fees

Appellate Court Did Modify Judgment To Exclude UPS Services And Copy Of Amended Summons Expense Recoupment As Routine Costs.             In Lepe v. Luft Enterprises, Case No. E067382 (4th Dist., Div. 2 May 10, 2018) (unpublished), three plaintiffs won wage/hour awards against the defendant to the tune of $140,016. They then moved for fees and

Costs, Employment: Losing Plaintiff Properly Not Saddled With Routine Costs After Losing Age Discrimination Claim

Cases: Costs, Cases: Employment

Replacement By Younger Person Another Indicator To Prevent Routine Costs Award Under The Circumstances.              By now, our readers will know that plaintiffs losing FEHA claims generally, unless the facts are austere, avoid attorney’s fees or costs even though they ultimately lost at pleading, summary judgment, or trial stages. (To be fair, only a general

Costs, Section 998: Plaintiff Obtaining Judgment In Landscaping Dispute Did Not Favorably Obtain It For 998 Costs-Shifting Purposes

Cases: Costs, Cases: Section 998

Court-Ordered Mediation Costs Are Discretionary Costs Item For Award Purposes.              Hariri v. Clark, Case No. A149402 (1st Dist., Div. 2 May 8, 2018) (unpublished) is an interesting case showing how a CCP § 998 offer involving largely non-monetary features may not give rise to cost shifting based on the results actually obtained.              What happened

Class Action/Costs/Section 998:  CSU Student Class Representatives Properly Assessed With Some Mandatory Costs After Class Action Loss Under CCP § 998, But Denial Of Expert Witness Fees To Defense Was Proper Given The Differences In Damages Among Subcla

Cases: Class Actions, Cases: Costs, Cases: Section 998

End Result Was Four Class Representatives Were Hit With Routine Costs Of $123,134.94.             Class action practitioners should read this next post on how CCP § 998 costs shifting can result in routine costs exposure to class representatives, especially where “pocketbook” financial evidence is not properly presented.             In Keller v. Bd. of Trustees, Cal.

Costs:  California Agency Awarded Routine Costs As Prevailing Party Defended Most Of Them As Proper On Appeal

Cases: Costs

However, Trial and Appellate Rulings Offer Some Good Pointers On Agency Case Costs, Attempted Service Of Process On Two Addresses, Sheriff Travel Costs To Sign Depositions, And Ways To Have Deponents Sign Depositions Without Traveling To Court Reporter Office.             We hope over the years that some of our posts have offered practice pointers, which

Arbitration/Costs:  Subsequently Confirmed Judgment Involving Costs Award Separate From Prior Merits Judgment Did Not Violate “One Final Judgment” Rule  

Cases: Arbitration, Cases: Costs

  Appellate Court Found Incremental Award Process Appropriate Under The Circumstances.             In EHM Productions, Inc. v. Starline Tours of Hollywood, Inc., Case No. B281594 (2d Dist., Divl 2 Mar. 28, 2018) (published), respondent in an arbitration obtained an arbitration award requiring appellant to defend respondent in a lawsuit brought by appellant’s bus drivers, which

Costs, Fee Clause Interpretation, Section 1717:  Successful Attorneys On Contract Claim Properly Granted Fees; Successful Plaintiff On Tort Claims Properly Denied Fees; And Plaintiff Improperly Denied Costs As Prevailing Party With Net Judgment In Malpra

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

Many Cross-Over Fees And Costs Issues Considered By Appellate Court In This One.             In Davidson v. Southwick, Case No. E066978 (4th Dist., Div. 2 Mar. 26, 2018) (unpublished), plaintiff client successfully won a malpractice action based on various torts but lost a contract claim against certain attorney parties, winning a compensatory jury verdict of

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