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 In Slesinger Inc. v. The Walt Disney Company, Case No. B259686 (2d Dist., Div. 4 Dec. 4, 2015) (unpublished), plaintiff’s case was dismissed based on a terminating sanction for using a private investigator to obtain confidential defense documents from a dumpster at a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
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 In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a
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
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 Oct. 6, 2015) (Unpublished)—Allocation.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
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 In Zakarian v. Salumbides, Case No. B255237 (2d Dist., Div. 5 Oct. 2, 2015) (unpublished), the trial court was unhappy with post-judgment costs memoranda presented by the prevailing party, granting defense motions to tax costs (based primarily on
Chang v. Chang, Case No. G049309 (4th Dist., Div. 3 Sept. 29, 2015) (Unpublished; Ikola, J.).—Probate.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
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
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
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
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
