Cases: Costs – Page 21 – Cal Attorneys Fees

Costs: Plaintiff Winning In An Arbitration But Dismissing Renewed Litigation Against Various Defendants, Liable For Routine Costs Of $51,343.66

January 30, 2018

No Exceptions Applied, Including DeSaulles Exception. Although occurring in a somewhat convoluted procedural context, Brewer v. Balda Investments USA, Case No. G054349 (4th Dist., Div. 3 Jan. 30, 2018) (unpublished) reminds us that routine costs awards are governed by structural statutes which may be automatic when dismissals are involved, with the exceptions being few […]

Costs/Employment: Several California District Judges Deny Recovery Of Routine Costs To Prevailing Defendants In Wage/Hour Cases

January 16, 2018

Financial Disparity Is One Of The Big Factors Weighed. So you represented defendants which/who successfully obtained summary judgment in a plaintiffs’ wage/hour class action case. You move for recovery of routine costs under Federal Rule of Civil Procedure and 28 U.S.C. § 1920. Question is: Will you get them? Maybe not. The reason

Costs/Deadlines: Litigant Winning On Appeal Properly Awarded Fees And Costs

Cases: Costs, Cases: Deadlines

December 28, 2017

Motion For Appellate Fees And Costs Was Timely Filed After Skipping Labor Day Holiday. In a case which has spawned third and fourth appeals, the Second District, Division 7 likely reached the end of a litigation saga in Kenne v. Stennis, Case Nos. B259635/B262175 (2d Dist., Div. 7 Dec. 27, 2017) (unpublished). The

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

December 22, 2017

$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 In Smith v. Sharp Healthcare, Case No. D069206 (4th Dist., Div. 1 Dec. 22, 2017) (unpublished), plaintiff lost a case with both FEHA and non-FEHA claims, with the defense filing a costs memorandum seeking $68,382.38 after plaintiff rejected a CCP § 998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

December 22, 2017

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

December 12, 2017

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

December 12, 2017

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: Dole Food Company Obtained Reduced, But Significant, Costs Award Of $318,858.89

Cases: Costs

November 16, 2017

The High Cost Of Unsuccessfully Seeking Justice: Appellate Court Chopped Some Expert Witness Fees; Plaintiffs’ Attorneys May Be On The Hook For The Costs. Perez v. Dole Food Company, Inc., Case No. B277659 (2d Dist., Div. 5 Nov. 14, 2017) (unpublished) is an interesting fall-out from a wrongful death action which was dismissed with

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

November 16, 2017

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

November 10, 2017

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