Cases: Costs

Costs: $3,043.08 In Statutory Routine Costs To One Prevailing Defendant Did Not Have To Be Apportioned Out For Expenses Relating To Other Non-Prevailing Defendant

Cases: Costs

  Two Defendants Had Distinct Defenses, Not Unified In Interest.      In Imbach v. Four Seasons Auto Group, Case No. E059228 (4th Dist., Div. 2 June 11, 2015) (unpublished), one defendant prevailed on a nonsuit against plaintiff, while plaintiff won a $38,805 monetary award for wrongful car repossession against a separate, non-prevailing defendant. The prevailing […]

Costs, Request For Admissions: Trial Court Properly Denied RFA Cost-Of-Sanctions Request But Erroneously Refused To Award Governmental Entity Routine Costs

Cases: Costs, Cases: Requests for Admission

  Costs Request Was Not Timely Served, Such That $13,512.81 Went To Governmental Entity On Appeal—With Rest Of The Results Sustained.      Downey Real Estate Holding, LLC v. L.A. Metropolitan Transportation Authority, Case Nos. B244647/B247931 (2d Dist., Div. 3 June 9, 2015) (unpublished) is a situation where an inverse condemnation plaintiff suffered a dismissal of

Civil Rights, Costs: Court Costs Are Not Automatic Against Losing FEHA Plaintiff, With Costs Only Justified Where Commencement/Prosecution Of Lawsuit Was Without Objective Basis/Frivolous/Unreasonable

Cases: Civil Rights, Cases: Costs

  California Supreme Court Treats Attorney’s Fees And Costs Alike With Regard To Losing FEHA Plaintiffs.     Our California Supreme Court, in Williams v. Chino Valley Independent Fire Dist., Case No. S213100 (Cal. Supreme Ct. May 4, 2015) (published), has decided that losing plaintiffs in FEHA cases should be treated alike with respect to a

Bankruptcy, Costs, Judgment Enforcement: Prevailing Party Judgment Creditor’s Request For Post-Judgment Collection Fees Untimely Under Section 108 Bankruptcy Extension Section And Post-Judgment Enforcement Time Limits Are Jurisdictional In Nature

Cases: Bankruptcy Efforts, Cases: Costs, Cases: Judgment Enforcement

  End Result Was Denial of Most Fee Recovery To Judgment Creditor, Although Routine Costs Were Allowed To The Creditor.    In the companion cases of Devereaux v. Clontz, Case Nos. H037998 and H039324 (6th Dist. Apr. 30, 2015) (unpublished), judgment creditor sought attorney’s fees and costs in connection with post-judgment collection efforts against judgment

Costs, Employment, Prevailing Party: LLC Defendant Obtaining Dismissal Entitled To Fee Recovery Under Former Labor Code Section 218.5 And Routine Costs In Employment Case Involving Meal Breaks

Cases: Costs, Cases: Employment, Cases: Prevailing Party

  Current Section 218.5, Requiring Bad Faith By Employee, Not Retroactive Before January 1, 2014.      In Quiles v. Koji’s Japan Inc., Case No. G049238 (4th Dist., Div. 3   April 3, 2015) (unpublished), employee in an employment case, involving multiple claims including meal breaks, added LLC defendant on an alter ego theory. Eventually, LLC defendant

Costs, Interest, Section 998: Prejudgment Interest Not Allowable On Costs Awards, 4/1 DCA Rules

Cases: Costs, Cases: Interest, Cases: Section 998

  Court of Appeal Did Affirm 998 Cost-Shifting As To Rejected 998 Offer.      In Bean v. Pacific Coast Elevator Corp., Case No. D064587 (4th Dist., Div. 1 Mar. 10, 2015) (partially published; prejudgment interest on costs discussion published/998 costs discussion not published), plaintiff won a substantial $1.271 damages award resulting from a rear end

Costs: Ninth Circuit Address Recovery Of Certain Electronic Discovery Related Expenses In Published Decision

Cases: Costs

  Must Reading for Recovery of Electronic Discovery and Demonstrative/Visual Aid Expenses.      The Ninth Circuit in In re Online DVD-Rental Antitrust Litig., No. 12-16183 (9th Cir. Feb. 27, 2015) (published)—a companion case to the fee award decision recently posted on—provided a “must read” discussion for clients/practitioners attempting to recovery certain electronic discovery and demonstrative/visual

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