Cases: Costs

Costs/Prevailing Party: Plaintiff Voluntarily Dismissing Action After Receiving Payment Of Settlement Money Is Prevailing Party For Routine Costs Under CCP § 1032(a)(4)

Cases: Costs, Cases: Prevailing Party

  Defendant Did Not Prevail, For Routine Costs Purposes, By Obtaining Dismissal In This Situation.      The California Supreme Court, in DeSaulles v. Community Hospital of the Monterey Peninsula, Case No. S219236 (Cal. Supreme Court Mar. 10, 2016) (published), decided that a voluntarily dismissing plaintiff who received settlement money from the defendant was a prevailing […]

Costs: Cross-Defendant Who Obtained A Dismissal Against Cross-Complainant Not Appearing For Trial After Settlement With Other Parties Entitled To Costs

Cases: Costs

    Striking Of Entire Costs Memo Reversed; However, Appellate Court Intimated That Not All Of The Claimed Costs May Be Reasonable In Nature.        California’s routine costs statutes are an interesting lot; they are in some instances mandatory and then discretionary power is vested in lower courts even if mandatory provisions do not

Costs: Joint Costs Award Of $19,111.80 Affirmed On Appeal

Cases: Costs

  All Of The Losing Parties Unified In Interest.     Maywood Police Officers Assn. v. City of Maywood, Case No. B256417 (2d Dist., Div. 2 Feb. 2, 2016) (unpublished) is a situation where City of Maywood prevailed against individual interests in a united front—a police officers association.  After City prevailed in an action, a trial

Civil Rights/Costs: Modest $15,000 FEHA Fee Award Against Plaintiff Affirmed, But Adverse Costs Award Remanded For Redetermination Based On Williams Decision

Cases: Civil Rights, Cases: Costs

  Williams Is Found To Be Retroactive To Cases Pending On Appeal.     Plaintiff lost FEHA/non-FEHA claims, both found to be interrelated, through a summary judgment motion.  After that, the trial judge found the case to be meritless, awarding defendants a modest fee award of $15,000 after considering plaintiff’s ability to pay (with the defense

Costs: Trial Judge Properly Awarded Winning Defendant $28,478.82 In Costs For Service Of Out-Of-State Subpoena Process, Computerized Timeline/Display, And Demonstrative Graphic Renting Equipment Expenses

Cases: Costs

  All of Awarded Costs Were Expressly Authorized.      Plaintiff was flummoxed when the trial judge awarded prevailing defendant $28,488.82 in costs for service of out-of-state subpoenas, computerized time/display, and demonstrative graphic renting equipment expenses. Plaintiff’s appeal did not change things in Goldsmith Seeds v. Great American Ins. Co., Case No. H037791 (6th Dist. Jan.

December 17, 2015 Unpublished Fee Decisions—Three Reversals, Two Affirmances On Variety Of Issues

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs, Cases: Family Law, Cases: Settlement

  Allocation—Artefex LP v. Bushman, Case No. B260737 (2d Dist., Div. 6 Dec. 17, 2015) (Unpublished).     In this one, plaintiffs won $15,000 on a contract breach claim after voluntarily dismissing tort claims, with the trial judge then awarding $191,256 in fees and $11,778.37 in costs based on a fees clause.  The 2/6 DCA reversed

Costs: $368,033.56 Judgment Involving Substantial Costs Was Renewed Despite Dispute Over Service Of Costs Judgment Years Earlier

Cases: Costs

No Substantial Irregularity Found By Appellate Court.     In Slesinger Inc. v. The Walt Disney Company, Case No. B259686 (2d Dist., Div. 4 Dec. 4, 2015) (unpublished), plaintiff’s case was dismissed based on a terminating sanction for using a private investigator to obtain confidential defense documents from a dumpster at a facility operated by Disney’s

Costs, Prevailing Party, Section 1717, Substantiation: $107,450 Fee And $22,318.45 Cost Awards In Favor Of Prevailing Plaintiff In Rescission Suit Affirmed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Routine Costs Do Include Privately Retained Reporters Who Transcribe Court Hearings.      In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a

Costs/Interpleader: Where Plaintiff Dismissed Interpleader Before Any Merits Ruling, Defendant Entitled To Routine Costs Of $1,344 As Of Right

Cases: Costs, Cases: Interpleader

  CCP § 1032 Was The Costs Predicate.      Plaintiff in an interpleader action, brought because there apparently was a dispute to entitlement to insurance proceeds between defendants and a bankruptcy trustee, dismissed the action after the trustee abandoned any interest in the proceeds, with the proceeds going to plaintiff. Defendants then moved for and

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