Cases: Costs

Costs/Employment: Federal Circuit Court Rules That FLSA Does Not Allow Plaintiffs To Obtain Reimbursement For Expert Witnesses Except For Per Diem Witness/Testimonial Travel Fees

Cases: Costs, Cases: Employment

  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 […]

Costs: Depo Travel Costs And Electronic Document Service Provider Expenses Properly Awarded As Routine Costs To Prevailing Party

Cases: Costs

  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      In Balian v. Reliance Environmental Consulting, Inc., Case No. B255730 (2d Dist., Div. 1 July 31, 2015) (unpublished), defendant prevailing party was awarded costs for travel to certain depositions and for Case Home Page expenses (the latter which are electronic document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

Costs: Pro Hac Vice, Deposition Travel Expenses, And Mediation Expenses Were Properly Awarded As “Reasonably Necessary” Expenses

Cases: Costs

  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 July 29, 2015) (unpublished), plaintiffs appealed a denial of a motion to tax costs against prevailing defendants of these items: (1) pro hac vice motion expenses; (2) travel expenses

Appealability, Costs, Paralegal: $40,610.68 In Paralegal Fees To Prepare/Present Electronic Evidence At Trial Properly Awardable As Costs

Cases: Appealability, Cases: Costs, Cases: Paralegal Time

  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

Consumer Statutes, Costs, Section 998: Plaintiff Losing Consumer Legal Remedies Act Claim Properly Exposed To Costs, Expert Witness Fees, And Attorney’s Fees

Cases: Consumer Statutes, Cases: Costs, Cases: Section 998

  No Costs Allocation Between Plaintiffs Required, 998 Offer Shifted Expert Witness Fees, And Prosecution Of CLRA Claim At Trial Was Not In Good Faith.     Foss v. San Antonio Community Hospital, Case No. E057236 (4th Dist., Div. 2 July 28, 2015) (unpublished) was a case prosecuted by plaintiffs against medically affiliated defendants under various

Costs, Prevailing Party, Section 1717: Plaintiff Tenants Obtaining CAM Credits And Monetary Settlement Were Prevailing Parties

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717

  They Did Get $76,000 In Fees And $16,961 In Costs, But Not Anything More—Plaintiffs’ Behavior In Settlement Negotiations Found To Be Irrelevant For Fixing 1717 Fees.      Some of the gnarly cases involve those where there is no “unqualified winner” under Civil Code section 1717 as far as fees (although a winner for routine

Costs, Deeds Of Trust, Fee Clause Interpretation, Prevailing Party, Section 1717: Deed Of Trust Trustee Did Prevail Under Civil Code Section 1717 Where It Defensed Tort Claims And It Took Neutral Position On Contractual Claim Under Broadly Worded Fees Cla

Cases: Costs, Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party, Cases: Section 1717

  POOF!:  Award of Fees/Costs To Plaintiff Reversed, With Remand To Award Fees/Costs To Prevailing Trustee.      Torigian v. WT Capital Lender Services, Case No. F068393 (5th Dist. June 24, 2015) (unpublished) is an interesting unpublished decision, authored by Acting Presiding Justice Cornell, where a neutral trustee under a deed of trust was found to

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