Cases: Costs

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 Oct. 6, 2015) (Unpublished)—Allocation.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      In Zakarian v. Salumbides, Case No. B255237 (2d Dist., Div. 5 Oct. 2, 2015) (unpublished), the trial court was unhappy with post-judgment costs memoranda presented by the prevailing party, granting defense motions to tax costs (based primarily on

Probate, Private Attorney General, Civil Rights, Costs, Discovery Sanctions: Lots Of Topics Covered In Four Unpublished Decisions For September 29, 2015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  Chang v. Chang, Case No. G049309 (4th Dist., Div. 3 Sept. 29, 2015) (Unpublished; Ikola, J.).—Probate.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

Appealability/Costs/Deadlines/Section 1717: Trifecta Of Unpublished Decisions On Various Fee/Costs Issues

Cases: Appealability, Cases: Costs, Cases: Deadlines, Cases: Section 1717

  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

Costs: Various Routine Trial Costs Granted By Trial Judge Affirmed On Appeal

Cases: Costs

  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

Costs/Interest: Prevailing Attorney Entitled To Recover Routine Costs And Interest On Routine Costs Since Date Of Original Judgment

Cases: Costs, Cases: Interest

  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

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

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