Addition Of Costs Did Not Divest Trial Judge Of Jurisdiction To Consider Motion And Lower Court Did Not Abuse Its Discretion By Not Apportioning Costs. Well, folks, we are a blessed country by having a court system open to all litigants, rich or poor. However, that does not mean that jurists do not
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.
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 In Kirk v. First American Title Co., Case No. B257508 (2d Dist., Div. 5 June 22, 2016) (unpublished), plaintiff class representative lost a majority of claims involving title charges, but did win one Insurance Code violation.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
Tribe Brought Case, So That Distinguished Immunity Given In Other Circumstances. California Valley Miwok Tribe v. California Gambling Control Commission, Case No. D068909 (4th Dist., Div. 1 June 16, 2016) (unpublished) involved an Indian tribe which suffered an adverse routine costs ruling against it and in favor of the Commission in a case
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
Costs Only Was The Subject Of The Opinion. In Sheen v. Sheen, Case No. B263952 (2d Dist., Div. 8 May 26, 2016) (unpublished), the 2/8 DCA decided that claimed fees and costs incurred on an appeal could not be sought from persons who were not liable for such costs. Specifically, attorneys were charged
However, Lower Court’s Across-the-Board Reduction Based On Number Of Jointly Represented Parties Had To Be Remanded To Determine Costs Justly Due To Prevailing Party For Routine Costs Purposes. Charton v. Harkey, Case No. G050514 (4th Dist., Div. 3 May 24, 2016) (published), a 3-0 decision authored by Justice Aronson, arose from the fallout
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 In Estate of Gasper, Case No. A142068 (1st Dist., Div. 1 Apr. 28, 2016) (unpublished), an attorney handling the closing of a probate estate sued the title company for improperly closing escrow on a piece of real estate and causing him to incur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
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
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
