Cases: Costs

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 Apr. 30, 2015) (unpublished), judgment creditor sought attorney’s fees and costs in connection with post-judgment collection efforts against judgment […]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      In Quiles v. Koji’s Japan Inc., Case No. G049238 (4th Dist., Div. 3   April 3, 2015) (unpublished), employee in an employment case, involving multiple claims including meal breaks, added LLC defendant on an alter ego theory.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

Costs: District Judge’s Denial Of Costs Requested Vacated With Respect To Prevailing RICO Defendant

Cases: Costs

  Unexplained Denial Was Erroneous.      In Harrington v. EquiTrust Life Ins. Co., Case No. 12-17267 (9th Cir. Feb. 24, 2015) (published), defendant prevailed on RICO claims through a summary judgment motion, but the district judge denied costs—providing no explanation for the denial. The Ninth Circuit affirmed the summary judgment grant, but reversed the costs

Costs, Section 998, Sanctions: Plaintiffs Prevailing In Boundary Dispute Entitled To Costs For Uncalled Expert Witness And Defendant Properly Assessed Sanctions For Filing Untimely Discovery Sanctions Motion

Cases: Costs, Cases: Sanctions, Cases: Section 998

       Costs and sanctions are generally discretionary matters, even if the record might show a different conclusion could have been reached. Appellate courts are loathe to disturb a trial court’s conclusion in such matters, as Sdun v. Patterson, Case No. C070623 (3d Dist. Feb. 18, 2015) (unpublished) aptly illustrates.      There, plaintiffs won a

Costs, Judgment Enforcement: Appellate Dispositional Reversal “In All Other Respects” Meant What It Said—A Reversal Of Prior Costs Award To Real Parties Also

Cases: Costs, Cases: Judgment Enforcement

  Petition for Rehearing Was Correct Clarification Vehicle, But Filed Too Late.      The Fourth District, Division 3, in an opinion following rehearing, came to the same result in Ducoing Management, Inc. v. Superior Court, Case No. G050457 (4th Dist., Div. 3 Feb. 10, 2015) (published), a writ proceeding which involved Presiding Justice O’Leary, Justice

Costs, Intellectual Property, POOF: Costs Against Copyright Infringement Plaintiff Went POOF Upon Reversal Of Summary Judgment In Favor Of Defense

Cases: Costs, Cases: Intellectual Property, Cases: POOF!

  License Agreement Involving the “Four Seasons” Was At Center Of Controversy.      This next post is a fun one, involving the “Four Seasons” and “Jersey Boys,” and of course the different band members and an agreement between all of them granting transfer of rights about aspects of their lives with the band, including biographies.

Costs: Trial Court Was Not Divested Of Jurisdiction To “Fix” Amount Of Costs Award After Entry Of Judgment Awarding Unspecified Costs Of Suit

Cases: Costs

  Subsequent Tax Costs Ruling Incidental to Prior Judgment.      Plaintiff in Dinaali v. Rohani, Case No. B245126 (2d Dist., Div. 3 Feb. 2, 2015) (unpublished) lost an interference/fraud lawsuit against the defense, which obtained a summary judgment on December 4, 2012 with an award of costs to be established through a cost memorandum. Plaintiff

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