Cases: Costs

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

  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 […]

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

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      In Berro v. County of Los Angeles, Case No. B223515 (2d Dist., Div. 4 Dec. 22, 2014) (unpublished), plaintiff—an ex-Los Angeles fire department captain—lost a FEHA case (mainly through a summary judgment motion), but the lower court refused to award Fire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

  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 Nov. 25, 2014) (unpublished), plaintiff won about a $500,000 verdict against a defendant who was alleged to molest her, with defendant pleading no contest to two lewd counts (being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

  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

Costs: Majority Shareholder And Defendant Corporation Prevailing In Dissolution Appraisal Proceeding Entitled To Apportioned Costs Of Appraisers/Related Depositions

Cases: Costs

  Corporations Code Section 200 Is Silent On Costs, But CCP §§ 1032/1-33.5 Do Allow For Recovery.      In Allal v. Halvas, Case No. B248675 (2d Dist., Div. 8 Nov. 7, 2014) (unpublished), defendants majority shareholder and corporation prevailed in a dissolution suit after invoking Corporations Code 200’s appraisal buy-out remedy, with plaintiff only receiving

In The News . . . . U.S. District Judge Lucy Koh Provides A Roadmap For Recoverable Costs In Patent Infringement/Complex Federal Cases

Cases: Costs, In The News

Videotape Deposition Copies, E-Discovery Expenses, and Interpreter Expenses Discussed.      U.S. District Judge Lucy Koh, in Apple Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846-LHK (N.D. Cal. Sept. 19, 2014, Doc. 3193), ruled on Apple’s request for an award of “routine” costs—although the request was substantial—in the patent infringement litigation against Samsung involving smartphones

Civil Rights/Costs/Interest: Attorneys, Not Clients, Are Entitled to Postjudgment Interest On Fee Award And Likely Entitled To Routine Costs Recovery

Cases: Civil Rights, Cases: Costs, Cases: Interest

  . . . Unless Retainer Agreement Requires Otherwise.      Hernandez v. Siegel, Case No. A139653 (1st Dist., Div. 5 Sept. 30, 2014) (published) decided, unless a client-attorney retainer agreement dictates otherwise, post-judgment interest on a fee award and routine costs generally are interests vested in the attorney, rather than the client. The appellate court

Costs: Reasonable Labor Costs Of Attorneys And Paralegals To Prepare Administrative Mandamus Can Be Recovered By Record Preparing Governmental Respondent

Cases: Costs

  $37,528.14 Out of Requested $37,528.14 In Costs Was What Petitioner Had To Bear After Voluntarily Dismissing Mandamus Petition.      The Fourth District, Division 1, in Otay Ranch, L.P. v. County of San Diego, Case No. D064809 (4th Dist., Div. 1 Sept. 29, 2014) (partially published) determined that the reasonable labor costs of attorneys and

Costs: In Protracted Litigation, Dismissal Basically Rendered Nugatory An Assignment Of A Costs Judgment And Mandatory E-Filing Expenses Are Recoverable

Cases: Costs

  E-Filing Expense Part of Decision Very Instructive.      Ya know, some cases are so fact and procedurally specific that we have to pull back from giving all the specifics. Sheldon v. Strong, Case No. G048770 (4th Dist., Div. 3 Sept. 22, 2014) (unpublished) is just such a situation, but there are two good takeaways

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