Cases: Costs

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              Hariri v. Clark, Case No. A149402 (1st Dist., Div. 2 May 8, 2018) (unpublished) is an interesting case showing how a CCP § 998 offer involving largely non-monetary features may not give rise to cost shifting based on the results actually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

Costs/Discovery:  Expenses For Activities Associated With Production Of Electronically Stored Documents Properly Awarded As Discretionary Costs Under CCP § 1033.5(c)

Cases: Costs, Cases: Discovery

$150,449.49 Was Costs Award To The Successful Defendant.             Litigators at both the federal and state levels are fully aware of the expense which has been added to litigation based on having to produce electronically documents/information in cases (also known as “ESI”).  The next opinion demonstrates that ESI expenses can be recouped by a successful

Costs/Intellectual Property:  Ninth Circuit, In 2-1 Opinion, Affirms Denial Of Costs To Successful Defendants/Counterclaimants And Apportionment Of Costs Between Two Sides In Well-Publicized Case Involving Copyright Infringement Dispute

Cases: Costs, Cases: Intellectual Property

Dispute Involved Pharrell Williams’ “Blurred Lines” And Marvin Gaye’s “Got To Give It Up.”             The Ninth Circuit in Williams v. Gaye, Case Nos. 15-56880 et al. (9th Cir. Mar. 21, 2018) (published) faced having to resolve an appeal of the case by which Pharrell Williams’ 2013 song “Blurred Lines” was found to have infringed

Costs/Prevailing Party: Parsons Was Prevailing Party In Qui Tam Action So As To Be Entitled To Routine And Expert Witness Costs Awardable Against MTA

Cases: Costs, Cases: Prevailing Party

Prior Settlement Agreement Between Parties Did Not Preclude Later Costs Award.             In L.A. County MTA v. Parsons-Dillingham Metro Rail, Case No. B265863 (2d Dist., Div. 7 Feb. 26, 2018) (unpublished), Parsons was the prevailing party under a false claims count in a qui tam action.  Earlier, Parsons and MTA had reached a settlement agreement

Costs:  Clerk’s Premature Entry Of Costs Award Stricken As A Matter Of Law

Cases: Costs

Procedural Requirements Did Guide This Result.             In Fichter v. Byrd, Case No. B270418 (2d Dist., Div. 4 Feb. 27, 2018) (unpublished), the appellate court, as a matter of law, decided to strike a $729.11 costs award to prevailing plaintiffs through a clerk’s entry on plaintiffs’ judgment.  The reason?  Costs were awarded before the time

Costs:  Attorney’s Fees Not Recoverable Under Federal Rule Of Appellate Procedure 39 Even When Underlying Federal Fee-Shifting Statute Defines Costs As Including Fees

Cases: Costs

Second Circuit Court Of Appeals Decides Issue In Civil Rights Context.             In Hines v. City of Albany, 862 F.3d 215 (2d Cir. 2017), the Second Circuit decided that appellate attorney’s fees for a successful civil rights plaintiff were not recoverable under Federal Rule of Appellate Procedure 39 as costs, even where an underlying fee-shifting

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