Plaintiff’s Failure To Provide Accounting Precluded Costs Of Proof Sanctions. Marie Jansen smoking and holding umbrella in beach scene. c1893. Library of Congress. In re Tobacco Cases II, Case No. D065165 (4th Dist., Div. 1 Sept. 28, 2015) (published) is the likely denouement to a false advertising case against a large […]
Award of Arbitration Costs Was Affirmative Relief Violating Automatic Stay, With Striking Of Costs Award But Affirmance Of Merits Award Being The End Results. In Hilton v. Allcare Medical Mgt., Inc., Case No. B253984 (2d Dist., Div. 1 Sept. 25, 2015) (unpublished), former employee lost an arbitration to former employer, but then declared
Costs—CEQA Record Preparation: North County Advocates v. City of Carlsbad, Case No. D066488 (4th Dist., Div. 1 Sept. 10, 2015) (Unpublished). In this first case, the appellate court reversed and remanded a costs award in favor of City in a costs award with respect to certain record preparation costs. The takeaways here are
Non-testifying Physician Deposition Costs, Videotaped Deposition Costs, And “Real-Time” Deposition Transcript Costs Properly Awarded By Lower Court Below. Leduc v. West Anaheim Medical Center, Case No. G049895 (4th Dist., Div. 3 Aug. 24, 2015) (unpublished) has a good discussion of routine trial costs awardable in the discretion of the trial judge. It discusses
10% Per Annum Rate Governed Costs Award. In our June 19, 2014 post, we discussed Chodos v. Borman, 227 Cal.App.4th 76 (2014) (Chodos I), where the appellate court refused to sustain a multiplier were the attorney had no retainer agreement with the client such that the lodestar, with two stipulated adjustments, adequately compensated
We Came To The Same Conclusion In A July 6, 2009 Prior Post. The Second Circuit Court of Appeals, in Gortat v. Capala Brothers, Inc., No. 14-3304-cv (2d Cir. July 29, 2015), decided that prevailing plaintiffs in a Fair Labor Standards Act (FLSA) case are not entitled to reimbursement of expert witness expenses
First One Is Authorized And Second One Was “Reasonably Necessary.” In Balian v. Reliance Environmental Consulting, Inc., Case No. B255730 (2d Dist., Div. 1 July 31, 2015) (unpublished), defendant prevailing party was awarded costs for travel to certain depositions and for Case Home Page expenses (the latter which are electronic document service provider
However, 1/3 DCA Discusses Split In Opinion About Whether Exhibits Unused At Trial Are Compensable Costs, Agreeing They Are If They Could Be Found Reasonably Helpful To The Trier Of Fact. In Dixon Gas Club LLC v. Safeway Inc., Case No. A139910 (1st Dist., Div. 3 July 30, 2015) (unpublished), Safeway moved for
Reasonable Hotel Expenses Might Have Played A Factor. In Pendola Family Trust Partnership v. Pan Pacific (Pine Creek), L.P., Case No. C074300 (3d Dist. July 29, 2015) (unpublished), plaintiffs appealed a denial of a motion to tax costs against prevailing defendants of these items: (1) pro hac vice motion expenses; (2) travel expenses
Trial Court Properly Found They Were “Reasonably Necessary.” In Green v. County of Riverside, Case No. D067424 (4th Dist., Div. 1 July 29, 2015) (published), plaintiff lost an unreasonable police force civil rights case. Later, the trial judge awarded defendants $66,453.02 in costs, $40,610.68 of which constituted paralegal fees for helping prepare/present electronic
