Cases: Costs

Civil Rights/Costs:  Trial Judge Properly Granted Losing Plaintiff’s Motion To Tax Costs With Respect To Prevailing Defendant In Case Involving FEHA/Non-FEHA Claims

Cases: Civil Rights, Cases: Costs

$68,382.38 In Costs Not Allowed To Defense Is The Upshot.             In Smith v. Sharp Healthcare, Case No. D069206 (4th Dist., Div. 1 Dec. 22, 2017) (unpublished), plaintiff lost a case with both FEHA and non-FEHA claims, with the defense filing a costs memorandum seeking $68,382.38 after plaintiff rejected a CCP § 998 offer of […]

Costs:  Defendants Allegedly Failing To Meet And Confer Pursuant To Demurrer-Mandated Process Still Entitled To Routine Costs After Defeating Complaint Through A Dismissal

Cases: Costs

Denial Of Costs Is Not A Sanction Prescribed For Failing To Meet And Confer.             By now, most California litigators are well aware of Code of Civil Procedure section 430.41, which requires that a demurring party must meet and confer in person or by telephone with a party whose pleading is the subject of a

Costs, Discovery, Private Attorney General, Special Fee Shifting Statutes:  Multi-Million Dollar Costs, Discovery Violation Sanctions, And Fee Recoveries Reversed And Remanded Based On Reversals And Necessity To Revisit Fee Entitlement Bases

Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

             Moonlight Fire.  2007.  Wikipedia.  Author:  kkmontandon.                  Dept. of Forestry & Fire Protection v. Howell, Case Nos. C074879/C076008 (3d Dist. Dec. 8, 2017) (fully published; first posted on Dec. 6, 2017 with costs/fee discussions not published) is a case arising from the 2007

Costs, Discovery, Private Attorney General, Special Fee Shifting Statutes:  Multi-Million Dollar Costs, Discovery Violation Sanctions, And Fee Recoveries Reversed And Remanded Based On Reversals And Necessity To Revisit Fee Entitlement Bases

Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

            Dept. of Forestry & Fire Protection v. Howell, Case Nos. C074879/C076008 (3d Dist. Dec. 8, 2017) (fully published; first posted on Dec. 6, 2017 with costs/fee discussions not published) is a case arising from the 2007 Moonlight Fires which burned 65,000 acres in Plumas County.  Plaintiffs, mainly governmental agencies or affiliates, sought to recover

Costs:  Trial Judge Did Not Abuse His Discretion In Denying Routine Costs Award In Unlimited Case Where Prevailing Party Only Garnered Recovery Of $2,223.33 In Month-To-Month Rent Dispute

Cases: Costs

Chavez Case Discretion Is Not Limited To FEHA Matters.             In Papavasiliou v. Equilon Enterprises LLC, Case No. G053611 (4th Dist., Div. 3 Nov. 16, 2017) (unpublished), plaintiff in an unlimited civil case (alleging damages of $25,000 or more) did prevail on a month-to-month rental dispute to the tune of $2,223.33.  However, the trial judge

Costs:  Trial Judge’s Order Taxing Some Deposition Expenses Incurred Within 30 Days Of Trial No Abuse OF Discretion

Cases: Costs

Deposition Extra Expenses Taxed.             In Alcatel-Lucent USA v. Juniper Networks, Case No. H040819 (6th Dist. Nov. 8, 2017) (unpublished), a trial judge decided to tax certain deposition expenses for rough ASCII disks, real time feeds, streaming texts, and digital transcripts incurred within 30 days of trial.  The taxed party appealed, arguing that the deposition

Costs:  Stockton Superior Court Issues Order On A Tax Costs Motion In Case Litigated By Co-Contributor Mike

Cases: Costs

Ruling On Voluntary Mediation Costs Show It Is Likely A Discretionary Issue For Trial Judge.             Co-contributor Mike litigated a case in Stockton County Superior Court before Judge Elizabeth Humphreys in which the defense prevailed, filing a memorandum of costs for certain expenses.  We now describe how she ruled on certain issues to demonstrate how

Consumer Statutes/Costs:  2/2 DCA In Unpublished Decision Has Great Review Of Routine Costs Rules

Cases: Consumer Statutes, Cases: Costs

Appellate Court Also Has Specific Discussion On Reasonable Photocopy Expenses, PowerPoint Technician Costs, And Court Reporter Fee Charges             We have to say that the 2/2 DCA’s unpublished decision in Haroun v. BMW of North America, LLC, Case No. B272279 (2d Dist., Div. 2 Sept. 5, 2017) (unpublished) has a great discussion of general routine

Civil Rights/Costs/Section 998: Plaintiff Failing To Beat 998 Offer In FEHA/POBRA Case Was Liable For $90,387.28 In Costs

Cases: Civil Rights, Cases: Costs, Cases: Section 998

Policies Of Both FEHA Cost Shifting And 998 Cost Shifting To Be Considered By Trial Courts, But 998 Resolution Policies Prevailed In This One.             Sviridov v. City of San Diego, Case No. D069785 (4th Dist., Div. 1 July 28, 2017) (unpublished) is an interesting case where a terminated police officer failed to beat several

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