Cases: Costs

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       In Lemaire v. Covenant Care California, LLC, Case No. B266493 (2d Dist., Div. 6 Feb. 27, 2017) (unpublished), plaintiff filed a complaint based on wrongful death, elder abuse, and “patients’ rights” violations under Health and Safety Code section 1430(b) for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by assignment on the 2/5 DCA, confirmed in Shatford v. Knight, Case No. B269337 (2d Dist., Div. 5 Jan. 6, 2017) (unpublished), that telephonic court appearances are recoverable routine costs

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

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