Cases: Costs

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     Foss v. San Antonio Community Hospital, Case No. E057236 (4th Dist., Div. 2 July 28, 2015) (unpublished) was a case prosecuted by plaintiffs against medically affiliated defendants under various […]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 June 24, 2015) (unpublished) is an interesting unpublished decision, authored by Acting Presiding Justice Cornell, where a neutral trustee under a deed of trust was found to

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      In Imbach v. Four Seasons Auto Group, Case No. E059228 (4th Dist., Div. 2 June 11, 2015) (unpublished), one defendant prevailed on a nonsuit against plaintiff, while plaintiff won a $38,805 monetary award for wrongful car repossession against a separate,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

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