Cases: Costs

Costs: Trial Judge Properly Awarded Winning Defendant $28,478.82 In Costs For Service Of Out-Of-State Subpoena Process, Computerized Timeline/Display, And Demonstrative Graphic Renting Equipment Expenses

Cases: Costs

  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. […]

December 17, 2015 Unpublished Fee Decisions—Three Reversals, Two Affirmances On Variety Of Issues

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs, Cases: Family Law, Cases: Settlement

  Allocation—Artefex LP v. Bushman, Case No. B260737 (2d Dist., Div. 6 Dec. 17, 2015) (Unpublished).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

Costs: $368,033.56 Judgment Involving Substantial Costs Was Renewed Despite Dispute Over Service Of Costs Judgment Years Earlier

Cases: Costs

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     In Slesinger Inc. v. The Walt Disney Company, Case No. B259686 (2d Dist., Div. 4 Dec. 4, 2015) (unpublished), plaintiff’s case was dismissed based on a terminating sanction for using a private investigator to obtain confidential defense documents from a dumpster at a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

Costs, Prevailing Party, Section 1717, Substantiation: $107,450 Fee And $22,318.45 Cost Awards In Favor Of Prevailing Plaintiff In Rescission Suit Affirmed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  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      In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a

Costs/Interpleader: Where Plaintiff Dismissed Interpleader Before Any Merits Ruling, Defendant Entitled To Routine Costs Of $1,344 As Of Right

Cases: Costs, Cases: Interpleader

  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

Allocation, Civil Rights, Costs: Apportionment Not Necessary If Claims Inextricably Intertwined And Routine Costs Against Losing Civil Rights Plaintiff Remanded For A Re-Do

Cases: Allocation, Cases: Civil Rights, Cases: Costs

  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

Costs/Sanctions: Plaintiff Prevailing Party Improperly Denied Post-Judgment Costs And Hit With $7,500 Sanctions Under CCP § 128.7

Cases: Costs, Cases: Sanctions

  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

Probate, Private Attorney General, Civil Rights, Costs, Discovery Sanctions: Lots Of Topics Covered In Four Unpublished Decisions For September 29, 2015

Cases: Civil Rights, Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Probate

  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

Costs/Requests For Admissions: Defendant Prevailing In False Advertising Case Reaps $764,552.73 In Routine Costs

Cases: Costs, Cases: Requests for Admission

  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

Arbitration/Bankruptcy/Costs: Second District, Division 1 Strikes Costs Award Entered Against Chapter 13 Bankrupt Losing Party

Cases: Arbitration, Cases: Bankruptcy Efforts, Cases: Costs

  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

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