Cases: Costs

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             In Papavasiliou v. Equilon Enterprises LLC, Case No. G053611 (4th Dist., Div. 3 Nov. 16, 2017) (unpublished), plaintiff in an unlimited civil case (alleging damages of $25,000 or more) did prevail on a month-to-month rental dispute to the tune of $2,223.33.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 Nov. 8, 2017) (unpublished), a trial judge decided to tax certain deposition expenses for rough ASCII disks, real time feeds, streaming texts, and digital transcripts incurred within 30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

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

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