Cases: Costs

Costs/Deadlines/Reasonableness Of Fees: $550 Hourly Rate, Although High For San Bernardino Venue, Was Reasonable Given Complexity Of Case–$440 Per Hour More Like It

Cases: Costs, Cases: Deadlines, Cases: Reasonableness of Fees

  Also, Costs Memorandum Was Untimely Filed, With Sender Giving Notice Of Judgment Entry Not Getting Benefit Of 5-Day Mail Service Extension.       In Hernandez v. Town of Apple Valley, Case No. E063721 (4th Dist., Div. 2 Jan. 5, 2017) (partially published; fee and costs discussion not published), plaintiff won on a Brown Act violation, […]

Costs/Section 998: $31,955.68 Costs Award, Many Predicated On Successful CCP § 998 Offer, Affirmed On Appeal

Cases: Costs, Cases: Section 998

  Court Reporter Costs Were Fine And 998 Offer Was Reasonable, With Losing Plaintiff Failing To Show Abuse Of Discretion In Costs Imposition Award.     Seafood vendors, Washington, D.C.  Carol M. Highsmith, photographer.  2010.  Library of Congress.      In Anderson v. Seafood City, Case No. B263925 (2d Dist., Div. 1 Dec. 13, 2016) (unpublished), plaintiff

Costs: City Of Kingsburg Timely Moved To Recoup CEQA Record Preparation Costs In Litigation And Losing Side Did Not Meet Its Burden To Tax Costs

Cases: Costs

  Two Cities Go Against Each Other On Costs Recovery.     City of Selma v. City of Kingsburg, Case No. F072632 (5th Dist. Nov. 29, 2016) (unpublished) cast two Central Valley municipalities against each other in a situation where we would guess cities are fiscally making moves to get whatever moneys they can.     Kingsburg,

Costs/Section 1717: Plaintiffs/Cross-Defendants Prevailing On Claims Involving Limited Partnership Interpretation Entitled To Section 1717 Fees

Cases: Costs, Cases: Section 1717

  Reversed Denial of Fees; However, Denial Of Costs Award Was Proper In “Mixed” Case Involving Nondiscretionary And Discretionary Cost Categorical Results.     Chima v. Chima, Case No. C075602 (3d Dist. Oct. 31, 2016) (unpublished) is a situation where children beneficiaries under a trust, as plaintiffs/cross-defendants, prevailed in a suit where their father’s step-wife, on

Civil Rights/Costs: Winning FEHA Defendants Wisely Waived Trial Court Costs On Appeal In Light Of Williams Decision

Cases: Civil Rights, Cases: Costs

  Respondents Did A Smart Thing On Appeal.      Respondents in McClain v. Pacific Maritime Assn., Case No. B262952 (2d Dist., Div. 6 Oct. 27, 2016) (unpublished) did a smart thing after winning a disability discrimination case and after being awarded routine costs against the losing FEHA plaintiff. Given that FEHA costs are not awardable

Costs, Requests For Admissions: Plaintiff Winning Won One Out Of Ten Claims Entitled To Routine Costs

Cases: Costs, Cases: Requests for Admission

  However, RFA Costs Of Proof Sanctions For Plaintiff Were Reversed.     In Watkins v. Central Freight Lines, Inc., Case No. A145579 (1st Dist., Div. 1 Oct. 26, 2016) (unpublished), plaintiff won a $3,217.50 judgment against defendant based on a meal break claim, but lost nine other unrelated claims based primarily on discrimination.  The lower

Costs: Local Deposition Parking, Mileage, and Hotel Charges Are Allowable Under California’s Routine Costs Statutes

Cases: Costs

  Messenger And Rush Charges Also Are Compensable.     For prevailing parties, routine costs awardable are codified in Code of Civil Procedure sections 1032 – 1033.5.  Except for costs expressly not allowed under section 1033.5(b), the lower court has discretion to allow other costs – even if not expressly allowable under section 1033.5(a) – if

Costs/Requests For Admissions: Court Of Appeal Reverses Costs-Of-Proof Sanctions Which Encompasses RFAs To Which Stipulations Were Made Later, Matters Were Not Proven At Trial, And Small Damage RFAs Where Plaintiff Requested Much Higher Damages At Trial

Cases: Costs, Cases: Requests for Admission

  Remanded On Costs-Of-Proof Award; Expert Witness Fee Award Affirmed Based On Inadequate Appellate Record.     In Roldan v. Flores, Case No. B260336 (2d Dist., Div. 3 Oct. 5, 2016) (unpublished), a lower court awarded costs-of-proof sanctions in the amount of $48,000 for defendant’s failure to admit certain RFAs in a plaintiff motorized bicyclist-defendant car

Costs: Contractual Fees Clause Also Allowing For Recovery Of Expert Witness Fees Enforced On Appeal

Cases: Costs

  Parties Can Indeed Negotiate Other Costs Besides Routine Costs As Being Recoverable In Their Contractual Agreements.     Porto Ramos-Pinto poster.  René Vincent.  ca 1925.       In Bel Vino, LLC v. Stuart, Case No. D069902 (4th Dist., Div. 1 Sept. 26, 2016) (unpublished), sellers of a winery (Stuart Cellars) in Temecula prevailed in a misrepresentation/contract

Civil Rights/Costs: $7,660.19 FEHA/Non-FEHA Cost Award Against Losing Plaintiff Remanded In Light Of Williams/Roman Decisions

Cases: Civil Rights, Cases: Costs

  2/8 DCA Adopts Reasoning of 2/7 DCA In Roman Decision On Costs Apportionment.      Metoyer v. L.A. Unified School Dist., Case No. B259458 (2d Dist., Div. 8 Sept. 22, 2016) (unpublished) is a situation where plaintiff brought both FEHA and non-FEHA claims, but was defensed after a jury verdict finding lack of causation—namely, that

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