Cases: Costs

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

Costs: $310,000 Routine Costs For ESI Activities Against FSLA Plaintiffs/Putative Class Representatives Reversed And Remanded

Cases: Costs

  ESI Costs Claimed Were Not Narrowly Targeted To Those Allowable Under 28 U.S.C. § 1920(4).     28 U.S.C. § 1920(4) allows district judges to tax certain enumerated litigation expenses as “costs,” including “the costs of making copies of any materials where the copies are necessarily obtained for use in the case.”  (Keep in mind

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

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