However, 1/3 DCA Discusses Split In Opinion About Whether Exhibits Unused At Trial Are Compensable Costs, Agreeing They Are If They Could Be Found Reasonably Helpful To The Trier Of Fact. In Dixon Gas Club LLC v. Safeway Inc., Case No. A139910 (1st Dist., Div. 3 July 30, 2015) (unpublished), Safeway moved for […]
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 July 29, 2015) (unpublished), plaintiffs appealed a denial of a motion to tax costs against prevailing defendants of these items: (1) pro hac vice motion expenses; (2) travel expenses
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
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 Foss v. San Antonio Community Hospital, Case No. E057236 (4th Dist., Div. 2 July 28, 2015) (unpublished) was a case prosecuted by plaintiffs against medically affiliated defendants under various
Equitable Considerations Do Not Override “Matter Of Right” CCP § 1032(b) Mandate. In Cheung v. Cheung-Wick, Case No. B254254 (2d Dist., Div. 6 July 28, 2015) (unpublished), brother-in-law did prevail on a cross-complaint in a probate dispute after the trial judge decided the other side did not carry their burden of proof as
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
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 June 24, 2015) (unpublished) is an interesting unpublished decision, authored by Acting Presiding Justice Cornell, where a neutral trustee under a deed of trust was found to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 On Allocable Non-FEHA Claims Only Allowable To Defendants Outside Of Williams Standard. In Roman v. BRE Properties, Inc., Case No. B246841 (2d Dist., Div. 7 June 17, 2015) (published), prevailing defendant in a FEHA case was awarded $4,994.98 in routine costs in a case involving a FEHA claims and other non-FEHA claims
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 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
