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 […]
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Photocopy Expenses, PowerPoint Technician Costs, And Court Reporter Fee Charges We have to say that the 2/2 DCA’s unpublished decision in Haroun v. BMW of North America, LLC, Case No. B272279 (2d Dist., Div. 2 Sept. 5, 2017) (unpublished) has a great discussion of general routine
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 Sviridov v. City of San Diego, Case No. D069785 (4th Dist., Div. 1 July 28, 2017) (unpublished) is an interesting case where a terminated police officer failed to beat several
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 July 25, 2017) (unpublished), City of Kingsburg—the real party in
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
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
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 In Lemaire v. Covenant Care California, LLC, Case No. B266493 (2d Dist., Div. 6 Feb. 27, 2017) (unpublished), plaintiff filed a complaint based on wrongful death, elder abuse, and “patients’ rights” violations under Health and Safety Code section 1430(b) for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
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
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,
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
