Cases: Costs – Page 29 – Cal Attorneys Fees

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

February 11, 2015

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!

February 10, 2015

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

February 2, 2015

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 Plaintiff in Dinaali v. Rohani, Case No. B245126 (2d Dist., Div. 3 Feb. 2, 2015) (unpublished) lost an interference/fraud lawsuit against the defense, which obtained a summary judgment on December 4, 2012 with an award of costs to be established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

Consumer Statutes, Costs, Prevailing Party: MacQuiddy Decision Now Published

Cases: Consumer Statutes, Cases: Costs, Cases: Prevailing Party

January 30, 2015

Owner Was Not Prevailing Party in Lemon Law Case Because Owner Did Not Recoup Main Objective in the Form of Civil Penalty. On January 3, 2015, we posted on MacQuiddy v. Mercedes-Benz USA, LLC, Case No. B251752 (2d Dist., Div. 8), which held among other things that a car owner in a lemon

Costs/Deadlines: Clerk’s Failure To Satisfy CCP § 664.5 Dictates For Mailing Notice Of Entry Of Judgment Meant Cost Memorandum Was Timely Filed

Cases: Costs, Cases: Deadlines

January 13, 2015

180-Day Rule, Not 15-Day Rule, Applied. Notice of entry of judgment is a key concept for determining whether certain subsequent filings are timely in nature. Code of Civil Procedure section 664.5 provides that notice of entry of judgment mailed by the clerk must “affirmatively state it is given upon order by the court”

Consumer Statutes, Costs, Prevailing Party, Section 998: Car Plaintiff In Song-Beverly/Magnuson-Moss Dispute Properly Denied Fees But Entitled To Costs

Cases: Consumer Statutes, Cases: Costs, Cases: Prevailing Party, Cases: Section 998

January 3, 2015

Car Manufacturer Defendant Prevailed For Fees, But Might Be Liable For Some Routine Costs. Actually, we can say that counsel for Mercedes-Benz in this case made some good moves as far as mitigating fee/costs exposure. M-B was embroiled in a gripe from a car owner about excessive multiple repairs. Car owner sued, but

Costs/Deadlines: Appellate Court Reverses “Double Dip” Costs Award On Appeal

Cases: Costs, Cases: Deadlines

January 1, 2015

Aggrieved Party Timely Objected To Proposed Judgment, So Timely Challenge Made To Duplicative Costs Award. In Ecolite Concrete U.S.A., Inc. v. G.S. Levine Ins. Services, Inc., Case Nos. D064178 et al. (4th Dist., Div. 1 Dec. 31, 2014) (unpublished), a cross-complainant was hit with a costs judgment in favor of party #1 even

Civil Right,Costs,Special Fee Shifting Statute: Lower Court Decision To Deny Prevailing Defendant Attorney’s Fees And CCP § 1038 Defense Costs Affirmed On Appeal

Cases: Civil Rights, Cases: Costs, Cases: Special Fee Shifting Statutes

December 22, 2014

Order Taxing Costs By Over Half Was No Abuse of Discretion, Either. In Berro v. County of Los Angeles, Case No. B223515 (2d Dist., Div. 4 Dec. 22, 2014) (unpublished), plaintiff—an ex-Los Angeles fire department captain—lost a FEHA case (mainly through a summary judgment motion), but the lower court refused to award Fire

Costs/Special Fee Shifting Statute: $275,825 Fee Award And $26,034.71 Cost Award Affirmed In Case Where Plaintiff Recovered Against Convicted Molestation Felon

Cases: Costs, Cases: Special Fee Shifting Statutes

November 25, 2014

Plaintiff Did Prevail And Amounts of Awards No Abuse of Discretion. In Oiye v. Fox, Case No. H038410 (6th Dist. Nov. 25, 2014) (unpublished), plaintiff won about a $500,000 verdict against a defendant who was alleged to molest her, with defendant pleading no contest to two lewd counts (being sentenced to 6 years

Costs/Section 1717/Prevailing Party/Poof!: Former Client Prevailing In Fee Arbitration/Bench Trial Was Prevailing Party, Such That $ 1.16 Million Fee Award Against Client And In Favor Of Former Attorney Reversed As A Matter Of Law

Cases: Costs, Cases: POOF!, Cases: Prevailing Party, Cases: Section 1717

November 15, 2014

Sears v. Baccaglio Decision Found Not Viable CCP § 1032 “Prevailing Party” Law. This one is an interesting one under section 1717/CCP § 1032 routine costs jurisprudence. Here, client at first suffered a default judgment of $86,676.88 in favor of former attorney, but client obtained relief from the default judgment from the