Cases: Costs

Costs, Fee Clause Interpretation: Where Parties In A Residential Landlord-Tenant Dispute Stipulated To No Recovery Of Fees Or Costs Beyond $1,000, That Cap Was Enforceable

Cases: Costs, Cases: Fee Clause Interpretation

$14,000 In Routine Costs Reversed Because It Exceeded The $1,000 Cap.                Freedom of contract was the theme resonating in the result in Gogal v. Deng, Case No. D084158 (4th Dist., Div. 1 July 22, 2025) (published).  The case was a residential landlord-tenant dispute where tenants were prevailing parties but had a contractual lease clause […]

Costs, Employment, POOF!, Prevailing Party: Plaintiff Proving Whistleblower Case, But Obtaining No Relief As Employer Proved A “Same-Decision Defense,” Was Erroneously Awarded Attorney’s Fees Under One-Way Whistleblower Statute, Labor Code 1102.5

Cases: Costs, Cases: Employment, Cases: POOF!, Cases: Prevailing Party

$400,000 Fee Award Reversed As A Matter Of Law, With County Entitled To Routine Costs As The Prevailing Party Below.                In a “mixed-motive” whistleblower case, plaintiff proved the elements of his whistleblower claim, but he obtained no relief because defendant employer proved the “same-decision defense.”  The lower court in Lampkin v. County of Los

Costs: Dismissal Of Unlawful Detainer Defendant Gave Entitlement To Recovery Of Mandatory Routine Costs

Cases: Costs

Lower Court’s Determination That No Party Prevailed For Routine Cost Purpose Was Reversed With Directions To Award Costs To Dismissed Defendant.                In Shapell SoCal Rental Properties, LLC v. Chico’s FAS, Inc., Case No. G063663 (4th Dist., Div. 3 June 17, 2025) (unpublished), tenant and landlord were involved in an Orange County unlawful detainer action

Construction, Costs, Ethics, Indemnity, Fee Clause Interpretation, Section 1717: $4.176M Contractual Fee Award To General Contractor And Against Owner Affirmed On Appeal, But Expert Witness Costs Award To General Contractor Reversed As A Matter Of Law

Cases: Construction, Cases: Costs, Cases: Ethics, Cases: Fee Clause Interpretation, Cases: Indemnity, Cases: Section 1717

Case Explores Fee Clause Interpretation, An Award Of Fees To An Unlicensed Associate Supervised By A California Attorney, And An Award Of Expert Witness Costs Which Were Not Pled Or Proven As Damages.                The Whiting-Turner Contracting Co. v. 250 Fourth Development LP, Case No. A169470 (1st Dist., Div. 5 June 13, 2025) (unpublished) is

Costs, Employment: On Remand From California Supreme Court, Third District Reverses Appellate Costs Award To Prevailing Defendant In A FEHA Action

Cases: Costs, Cases: Employment

Pollock Analysis Dictated The Overturn.                In York v. City of Sacramento, Case No. C097761 (3d Dist. May 14, 2025) (unpublished), the Third District in an earlier opinion affirmed a summary adjudication order against plaintiff in a FEHA case and awarded appellate costs to the prevailing employer.  The California Supreme Court granted review and remanded

Costs, Employment: Prevailing Defendant Employer Improperly Awarded Costs In PAGA Action Against LWDA Where It Did Not Participate In The Underlying Litigation

Cases: Costs, Cases: Employment

$124,585.24 Costs Award Vacated As A Matter Of Law On Appeal.                In Rose v. Hobby Lobby Stores, Inc., Case No. A169640 (1st Dist., Div. 2 May 14, 2025) (published), defendant employer prevailed in a PAGA action brought by plaintiff employee, with the California Labor and Workforce Development Agency (LWDA) not participating in the litigation

Costs: Prevailing Defendant Was Entitled To Most Routine Costs . . .

Cases: Costs

However, Because Statute Allowing CourtCall Costs As Being Mandatory Was Repealed, Matter Had To Be Remanded To Determine If It Was A Correct Discretionary Costs Matter Under The General Routine Costs Statute.                Prevailing defendant, winning on a summary judgment motion, was granted certain costs for deposition transcripts and record subpoenas given that co-counsel needed

Appeal Sanctions, Costs, Family Law: Although Prevailing Party On Appeal Entitled To Costs, There Was No Bases For Appeal Attorney’s Fees Or Appellate Sanctions

Cases: Appeal Sanctions, Cases: Costs, Cases: Family Law

Sanctions Award Under Family Code Section 271 Was Defective Because Prevailing Party Failed To Give Notice Of Seeking This Relief.                In Marriage of Terry, Case No. B334907 (2d Dist., Div. 6 Apr. 21, 2025) (unpublished), a prevailing party on appeal was awarded three components by the lower court:  (1) routine costs; (2) $23,587.20 in

Costs: Appellate Court Rejects Argument That Confidentiality of Medical Information Act Precludes Award Of Costs To Prevailing Defendant

Cases: Costs

Appellate Panel Found No Prejudice For Premature Costs Memorandum Filing and Affirms Most Awarded Costs To The Defense.                Doe v. Santa Cruz-Monterey-Merced Managed Medical Care, Case No. H051821 (6th Dist. Apr. 17, 2025) (unpublished) is a situation where a defendant obtained summary judgment against plaintiff on a Confidentiality of Medical Information Act (Civ. Code,

Civil Rights, Costs: Failure To Consider Plaintiff’s Financial Position In FEHA Costs Award Led To A Reversal

Cases: Civil Rights, Cases: Costs

Other Items Also Had To Be Revisited.                In the FEHA area, if appropriately raised, lower courts must take into account plaintiff’s financial situation in making a costs award against a non-prevailing FEHA plaintiff even where plaintiff’s case was deemed frivolous.  The lower court did award costs against the plaintiff, finding indigency was irrelevant in

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