Cases: Costs

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             In Papavasiliou v. Equilon Enterprises LLC, Case No. G053611 (4th Dist., Div. 3 Nov. 16, 2017) (unpublished), plaintiff in an unlimited civil case (alleging damages of $25,000 or more) did prevail on a month-to-month rental dispute to the tune of $2,223.33.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 Nov. 8, 2017) (unpublished), a trial judge decided to tax certain deposition expenses for rough ASCII disks, real time feeds, streaming texts, and digital transcripts incurred within 30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Consumer Statutes/Costs:  2/2 DCA In Unpublished Decision Has Great Review Of Routine Costs Rules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Expenses, PowerPoint Technician Costs, And Court Reporter Fee Charges             We have to say that the 2/2 DCA’s unpublished decision in Haroun v. BMW of North America, LLC, Case No. B272279 (2d Dist., Div. 2 Sept. 5, 2017) (unpublished) has a great discussion of general routine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             Sviridov v. City of San Diego, Case No. D069785 (4th Dist., Div. 1 July 28, 2017) (unpublished) is an interesting case where a terminated police officer failed to beat several

Costs: Real Party In Interest, City of Kingsburg, In CEQA Case Entitled To Costs Of Administrative Record Preparation

Cases: Costs

Two Cities Involved In A/R Preparation Costs Recoupment Battle "Near Kingsburg, small independent gas stations litter the highway."  Dorothea Lange, photographer.  May, 1939.  Library of Congress.              In City of Selma v. Fresno County Local Agency Formation Comm’n (City of Kingsburg), Case No. F072712 (5th Dist. July 25, 2017) (unpublished), City of Kingsburg—the real party in

Costs/Prevailing Party: After Remand From Supreme Court Decision, 4/3 DCA Decides Prevailing Party For Purposes Of Appellate Costs

Cases: Costs, Cases: Prevailing Party

  Project Set-Aside Determination, Despite Wins And Losses, Showed Conservancy Was Prevailing Party.             In Banning Ranch Conservancy v. City of Newport Beach, 2 Cal.5th 918 (2017), the California Supreme Court disagreed with the trial and appellate courts regarding CEQA compliance. The supreme court issued a remittitur, stating: “Costs, if any, must be awarded by the

Allocation/Costs/Section 1717: Plaintiff Attempting To Dismiss Lawsuit Against Lenders Without Prejudice Subjected To Substantial 1717 Fee Exposure To The Tune Of $526,393 In Fees

Cases: Allocation, Cases: Costs, Cases: Section 1717

  Plaintiff Also Hit With Some Costs, But Some Non-Statutory And Discretionary Costs Were Stricken.      Plaintiff borrowers brought a multi-count contractual/tort/statutory claim-based suit against construction loan participants, ultimately attempting to dismiss the action without prejudice during trial. The trial judge determined the dismissal was not authorized and set it aside as void, further granting

Civil Rights, Costs, Prevailing Party, Undertaking: Plaintiff’s Win Under Patient’s Rights Health And Safety Code Scheme Resulted In Substantial Fee Award, But Other Expert Fee Awards And Need For Appellate Undertaking Rulings Reversed As To Defense

Cases: Civil Rights, Cases: Costs, Cases: Prevailing Party, Cases: Undertaking

  Panoply Of Issues Faced In This Decision.       In Lemaire v. Covenant Care California, LLC, Case No. B266493 (2d Dist., Div. 6 Feb. 27, 2017) (unpublished), plaintiff filed a complaint based on wrongful death, elder abuse, and “patients’ rights” violations under Health and Safety Code section 1430(b) for treatment of her mother in a

Costs:  2/5 DCA Confirms That Telephonic Appearance Are Recoverable Routine Costs

Cases: Costs

  CCP § 367.6(c) Is The California Statutory Section.             Here is quick one under routine costs.  Los Angeles County Superior Court Judge Kumar, sitting by assignment on the 2/5 DCA, confirmed in Shatford v. Knight, Case No. B269337 (2d Dist., Div. 5 Jan. 6, 2017) (unpublished), that telephonic court appearances are recoverable routine costs

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