Cases: Costs – Page 28 – Cal Attorneys Fees

Costs, Prevailing Party, Section 1717: Plaintiff Tenants Obtaining CAM Credits And Monetary Settlement Were Prevailing Parties

July 3, 2015

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

June 27, 2015

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 June 24, 2015) (unpublished) is an interesting unpublished decision, authored by Acting Presiding Justice Cornell, where a neutral trustee under a deed of trust was found to

Civil Rights, Costs: FEHA Costs Award Against Non-Prevailing Plaintiff Had To Be Remanded In Light Of Williams

Cases: Civil Rights, Cases: Costs

June 27, 2015

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

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

June 14, 2015

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 In Imbach v. Four Seasons Auto Group, Case No. E059228 (4th Dist., Div. 2 June 11, 2015) (unpublished), one defendant prevailed on a nonsuit against plaintiff, while plaintiff won a $38,805 monetary award for wrongful car repossession against a separate,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

June 14, 2015

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

Costs: Dismissal Based On Judicial Abstention Gave Rise To Cost Recovery By Prevailing Defendants

Cases: Costs

June 3, 2015

“Merits” Dismissals Are Not Only Dismissals Giving Rise To Costs. In Hambrick v. Healthcare Partner Medical Group, Inc., Case No. B251643 (2d Dist., Div. 7 June 1, 2015) (unpublished), defendants prevailed based on a judicial abstention argument on a gnarly risk level regulatory issue for health providers in a class action case, obtaining

Civil Rights, Costs: Plaintiff Correctly Only Awarded Small Amount Of Requested Fees Based On Limited Success

Cases: Civil Rights, Cases: Costs

May 23, 2015

However, Striking Plaintiff’s Costs Had To Be Reconsidered Under Williams. Actually, Myres v. San Francisco Housing Authority, Case No. A141107 (1st Dist., Div. 5 May 20, 2015) (unpublished) may be more interesting for its decision on the costs issue versus the fee issue. On the fee issue, plaintiff did obtain about a

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

May 4, 2015

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

May 3, 2015

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

April 3, 2015

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