Cases: Costs

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     In Roldan v. Flores, Case No. B260336 (2d Dist., Div. 3 Oct. 5, 2016) (unpublished), a lower court awarded costs-of-proof sanctions in the amount of $48,000 for defendant’s failure to admit certain RFAs in a plaintiff motorized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       In Bel Vino, LLC v. Stuart, Case No. D069902 (4th Dist., Div. 1 Sept. 26, 2016) (unpublished), sellers of a winery (Stuart Cellars) in Temecula prevailed in a misrepresentation/contract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      Metoyer v. L.A. Unified School Dist., Case No. B259458 (2d Dist., Div. 8 Sept. 22, 2016) (unpublished) is a situation where plaintiff brought both FEHA and non-FEHA claims, but was defensed after a jury verdict finding lack of causation—namely, that

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  Probate—Corman v. Corman, Case No. B251513 (2d Dist., Div. 7 Aug. 29, 2016) (Unpublished)—Partial Beneficiary Success Did Not Justify Fee Award.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

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