Cases: Costs

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     In Kirk v. First American Title Co., Case No. B257508 (2d Dist., Div. 5 June 22, 2016) (unpublished), plaintiff class representative lost a majority of claims involving title charges, but did win one Insurance Code violation.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

Appealability/Costs: Although Appeal From Judgment Did Allow For Appellate Jurisdiction Of Postjudgment Costs Ruling, Trial Judge Did Not Err By Awarding Prevailing Defendant Costs Of Deposition Before Ruling On Demurrer

Cases: Appealability, Cases: Costs

  Deposition Costs Were Reasonable Under The Circumstances.     In Estate of Gasper, Case No. A142068 (1st Dist., Div. 1 Apr. 28, 2016) (unpublished), an attorney handling the closing of a probate estate sued the title company for improperly closing escrow on a piece of real estate and causing him to incur fees/expenses in cleaning

Costs/Section 998: 998 Offer Was Invalid In Requiring Plaintiff To Sign An Unspecified Settlement Agreement, While Mediation Costs Were Improperly Taxed Where Court Believed They Had To Be Disallowed

Cases: Costs, Cases: Section 998

  Matter Remanded To Reconsider Routine Costs Awardable To Plaintiff.      Sanford v. Rasnick, Case No. A145704 (1st Dist., Div. 2 Apr. 25, 2016) (published) involved a situation where plaintiff motorcyclist sued defendants owner/driver of a car. Defendants made a joint, unapportioned pretrial CCP § 998 offer of $130,000, but plaintiff recovered less after various

Costs: Trial Judge Properly Awarded Expert Deposition, Court Reporter, And Service Rush Charges After Plaintiff Failed To Beat CCP § 998 Offer

Cases: Costs

  Plaintiff Did Not Shift Burden Of Correctness Accorded To Verified Costs Memorandum.      Plaintiff, in a lobby slip and fall, failed to beat a CCP § 998 offer from defendant owner/manager of the building lobby. The lower court awarded certain routine costs to the defense, prompting an appeal in Alexander v. Wealth Properties, Case

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