Cases: Costs

Costs, Employment: On Remand From California Supreme Court, Third District Reverses Appellate Costs Award To Prevailing Defendant In A FEHA Action

Cases: Costs, Cases: Employment

Pollock Analysis Dictated The Overturn.                In York v. City of Sacramento, Case No. C097761 (3d Dist. May 14, 2025) (unpublished), the Third District in an earlier opinion affirmed a summary adjudication order against plaintiff in a FEHA case and awarded appellate costs to the prevailing employer.  The California Supreme Court granted review and remanded […]

Costs, Employment: Prevailing Defendant Employer Improperly Awarded Costs In PAGA Action Against LWDA Where It Did Not Participate In The Underlying Litigation

Cases: Costs, Cases: Employment

$124,585.24 Costs Award Vacated As A Matter Of Law On Appeal.                In Rose v. Hobby Lobby Stores, Inc., Case No. A169640 (1st Dist., Div. 2 May 14, 2025) (published), defendant employer prevailed in a PAGA action brought by plaintiff employee, with the California Labor and Workforce Development Agency (LWDA) not participating in the litigation

Costs: Prevailing Defendant Was Entitled To Most Routine Costs . . .

Cases: Costs

However, Because Statute Allowing CourtCall Costs As Being Mandatory Was Repealed, Matter Had To Be Remanded To Determine If It Was A Correct Discretionary Costs Matter Under The General Routine Costs Statute.                Prevailing defendant, winning on a summary judgment motion, was granted certain costs for deposition transcripts and record subpoenas given that co-counsel needed

Appeal Sanctions, Costs, Family Law: Although Prevailing Party On Appeal Entitled To Costs, There Was No Bases For Appeal Attorney’s Fees Or Appellate Sanctions

Cases: Appeal Sanctions, Cases: Costs, Cases: Family Law

Sanctions Award Under Family Code Section 271 Was Defective Because Prevailing Party Failed To Give Notice Of Seeking This Relief.                In Marriage of Terry, Case No. B334907 (2d Dist., Div. 6 Apr. 21, 2025) (unpublished), a prevailing party on appeal was awarded three components by the lower court:  (1) routine costs; (2) $23,587.20 in

Costs: Appellate Court Rejects Argument That Confidentiality of Medical Information Act Precludes Award Of Costs To Prevailing Defendant

Cases: Costs

Appellate Panel Found No Prejudice For Premature Costs Memorandum Filing and Affirms Most Awarded Costs To The Defense.                Doe v. Santa Cruz-Monterey-Merced Managed Medical Care, Case No. H051821 (6th Dist. Apr. 17, 2025) (unpublished) is a situation where a defendant obtained summary judgment against plaintiff on a Confidentiality of Medical Information Act (Civ. Code,

Civil Rights, Costs: Failure To Consider Plaintiff’s Financial Position In FEHA Costs Award Led To A Reversal

Cases: Civil Rights, Cases: Costs

Other Items Also Had To Be Revisited.                In the FEHA area, if appropriately raised, lower courts must take into account plaintiff’s financial situation in making a costs award against a non-prevailing FEHA plaintiff even where plaintiff’s case was deemed frivolous.  The lower court did award costs against the plaintiff, finding indigency was irrelevant in

Civil Rights, Costs: Lower Court’s Award Of Costs Against Dismissing FEHA Plaintiff Reversed As A Matter Of Law.

Cases: Civil Rights, Cases: Costs

No Indication Case Was Frivolous.                We have posted on an emerging trend in FEHA cases, which is that routine costs cannot be assessed against a non-prevailing plaintiff unless the case is deemed frivolous. Vanrooy v. Jacobes-Downing-Hughes, Inc., Case No. C100312 (3d Dist. Apr. 7, 2025) (unpublished) is a continuation of that theme.  There, plaintiff’s claims

Costs, Prevailing Party, Reasonableness Of Fees: Most Of Costs Award Is Affirmed, As Well As Substantial $1,751,500 Fee Award Is Sustained On Appeal

Cases: Costs, Cases: Prevailing Party, Cases: Reasonableness of Fees

Certain Costs Not Awardable, With Lower Court’s Fee Reduction For Incivility And Abusive Litigation Found To Be No Abuse Of Discretion.                In Madison v. Theodore, Case Nos. B310551 et al. (2d Dist., Div. 7 Jan. 8, 2025) (unpublished), appellant lost a fiduciary duty-based case against plaintiffs to the tune of $3.9 million based on

Costs: Although Employer Prevailed On Appeal, DCA Decides It Should Not Be Granted Costs On Appeal Based On Omissions And Legal Misstatements In Appellate Proceedings

Cases: Costs

Employer Had To Bear Appeal Costs Rather Than Obtaining An Award Of Them.                In Nelson v. Golden Queen Mining Co., Case No. F086907 (5th Dist. Jan. 7, 2025) (unpublished), employer won a reversal and remand of a decision denying a motion to compel an arbitration as against an employee.  However, the Court of Appeal

Costs: Expert Witness Fees, Unsuccessful/Withdrawn Motions, Unused Witnesses/Experts/Exhibits, Subpoened Documents Not Used At Trial, And Investigative Expenses Considered On Appeal

Cases: Costs

Most Were Discretionary By The Lower Court, Except For Investigative Fees Which Are Not Allowed.                In Slutske v. Gratton, Case No. B325068 (2d Dist., Div. 1 Dec. 31, 2024) (unpublished), the appellate court largely affirmed a lower court’s determination that the following costs were allowable in its discretion based on CCP § 998 or

Scroll to Top