Failure to File Separate Motion for Recovery of Expert Witness Fees Not Damning. In Baez v. Burbank Unified School Dist., Case No. B254852 (2d Dist., Div. 7 Jan. 25, 2016) (unpublished), plaintiff finally won on FEHA claims after a third trial following a couple of earlier appellate hiccups. Plaintiff won $179,398 in compensatory […]
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
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.
Allocation—Artefex LP v. Bushman, Case No. B260737 (2d Dist., Div. 6 Dec. 17, 2015) (Unpublished).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
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 In Slesinger Inc. v. The Walt Disney Company, Case No. B259686 (2d Dist., Div. 4 Dec. 4, 2015) (unpublished), plaintiff’s case was dismissed based on a terminating sanction for using a private investigator to obtain confidential defense documents from a dumpster at a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
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 In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a
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
Painter v. Francis Realty, Inc., Case No. C078106 (3d Dist. Oct. 6, 2015) (Unpublished)—Allocation. After reversing the fee award and remanding to see if apportionment was required between tort and contract claims under Civil Code section 1717 (with only contract claims compensable under section 1717), the trial judge determined the tort and contract
Problem With Lower Court Ruling Was Relying On Time Deadlines And Analysis For Pre-judgment Costs. In Zakarian v. Salumbides, Case No. B255237 (2d Dist., Div. 5 Oct. 2, 2015) (unpublished), the trial court was unhappy with post-judgment costs memoranda presented by the prevailing party, granting defense motions to tax costs (based primarily on
Chang v. Chang, Case No. G049309 (4th Dist., Div. 3 Sept. 29, 2015) (Unpublished; Ikola, J.).—Probate. In this and a companion appeal, the appellate court cut some surcharges to the trustee of about $345,000. Because of this companion ruling, the appellate court sent back a $187,900 fee award against trustee and in favor
