Cases: Costs

Costs: Fifth District Reverses Denial Of Administrative Preparation Costs To Real Party In Interest Reimbursing City For Preparation Of CEQA Record

Cases: Costs

  Disagreed With Hayward To The Extent Prevailing Real Parties Could Not Obtain Reimbursement Of A/R Preparation Expenses As Routine Costs In Mandate Dispute.     CEQA petitioners lost the merits of a CEQA petition brought against the City of Ceres and real parties Wal-Mart (two Wal-Mart affiliates).  City had incurred costs of $48,889.77 to prepare […]

Probate/SLAPP/Costs Trifecta: Couple Of Reversals And One Affirmance In Multi-Cross Over Areas Of Practice

Cases: Costs, Cases: Probate, Cases: SLAPP

  Probate—Corman v. Corman, Case No. B251513 (2d Dist., Div. 7 Aug. 29, 2016) (Unpublished)—Partial Beneficiary Success Did Not Justify Fee Award.      In this first one, there was a nasty probate fight (I guess one could conjecture whether any are other than nasty) over trust accountings, which pitted the trustees against beneficiaries in most

Costs/Section 998: $112,457.89 In Expert Witness Fees And Other Costs Affirmed In Contentious Prescriptive Easement/Easement Destruction Case

Cases: Costs, Cases: Section 998

  Compensatory/Punitive Award To Winning Plaintiffs Was Only $88,270.      This next case illustrates how Code of Civil Procedure section 998 can be a true costs-shifting statute of importance, given that the expert witness fees and other routine costs outstripped the compensatory and punitive damages award to the winning plaintiffs.      In Arnold v. Padrah,

Costs/Fee Substantiation: $5,560 In Expert Witness Fee Claimed As Costs Are Excised On Appeal

Cases: Costs, Cases: Substantiation of Reasonableness of Fees

  However, $212,076.50 In Defense Fees Under Civil Code Section 1717 Are Sustained.     In Steiner v. Thexton, Case No. C075266 (3d Dist. Aug. 18, 2016) (unpublished), the defense won a case and was awarded $212,076.50 out of a requested $214,576.50 in attorney’s fees under Civil Code section 1717—with the loser not contesting fee entitlement

Costs: Reasonable Attorney And Paralegal Expenses To Compile Administrative Record Are Compensable To Prevailing Party In Land Use Writ Proceeding Under CCP Section 1094.5

Cases: Costs

  Analogy To CEQA Decisional Authority Found Persuasive.      In No Toxic Air, Inc. v. Lehigh Southwest Cement Co., Case No. H040047 (6th Dist. July 28, 2016) (published), prevailing party in a legal nonconforming use writ petition sought to recoup the expenses for compiling an administrative record which were incurred by its attorneys and paralegal.

Class Action/Costs: 25% Allocated Routine Costs Award To Partially Prevailing Class Representative Plaintiff Affirmed On Appeal

Cases: Class Actions, Cases: Costs

  Both Sides Appealed, But No Difference.     In Kirk v. First American Title Co., Case No. B257508 (2d Dist., Div. 5 June 22, 2016) (unpublished), plaintiff class representative lost a majority of claims involving title charges, but did win one Insurance Code violation.  The lower court awarded costs to plaintiff under the routine costs

Arbitration, Costs: Ninth Circuit Addresses What Happens To Litigation Stay When Party Cannot Afford To Pay Ongoing Costs Of Compelled Arbitration

Cases: Arbitration, Cases: Costs

Does A Court Stay On Litigation Get Lifted When A Party Is Unable To Pay Ongoing Costs Of An Arbitration?      On June 15, 2016, Co-contributor Marc posted in the California Mediation and Arbitration blog about  Tillman v. Rheingold Firm, No. 13-56624 (9th Cir. 6/15/16), a Ninth Circuit Case addressing what happens to a district

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