Cases: Costs

Costs/Judgment Enforcement: Appellate Court Reversal In All Other Respects Except For Affirmance On One Nonsuit Ruling As To One Plaintiff Also Meant Pro-Defense Costs Ruling In First Trial Was Reversed As To Other Nonsuited Plaintiff

Cases: Costs, Cases: Judgment Enforcement

  Given Plaintiffs Were Unified in Interest, Reversal and Potential Exposure From First Plaintiff Required Reversal of Costs Ruling Too.      Our local appellate court, in a “by the Court” writ decision involving Justices O’Leary (presiding), Fybel, and Thompson, decided that appellate directives usually “mean what they say.” In this case, a lower court erred […]

Costs: Los Alamitos Unified School Dist. Opinion Now Published

Cases: Costs

  Service Publication Expenses Recoverable by Prevailing School District.      On September 11, 2014, we posted on Los Alamitos Unified School Dist. v. Howard Contracting, Inc., a Fourth District, Division 3 unpublished decision at the time. As far as what we blog about, it validated that a prevailing school district can obtain reimbursement of service

Costs/POOF!/Family Law: Trifecta Of Appellate Decisions For 9/16/14

Cases: Costs, Cases: Family Law, Cases: POOF!

  Raceway Ford Cases, Case Nos. E054517/E056595 (4th Dist., Div. 2 Sept. 16, 2014) (published)      In this one, the defense—except for one fraud claim as to one plaintiff—waxed plaintiffs bringing various consumer and unfair competition claims. Defendants’ reward was a $1,503,084.50 fee recovery under various statutes. However, that went POOF! on appeal when several

Costs/POOF/SLAPP: Two-Fer—Appellate Costs Award Affirmed Based On Costs Memorandum And $37,857.97 SLAPP Fees/Costs Award Goes POOF! Upon Reversal Of SLAPP Grant

Cases: Costs, Cases: POOF!, Cases: SLAPP

Karnazes v. Hartford, Case No. A139421 (1st Dist., Div. 2 June 27, 2014) (unpublished) ​In a long-standing antagonistic battle between two former law partners, a cross-respondent was awarded costs by the appellate court after a cross-appeal was dismissed. The winner then filed a costs memo for $627.50 in appeals costs, prompting yet another appeal after

Costs: Posted Jury Fees, Even Though Case Did Not Proceed Before Jury, And Business Subpoena Costs Properly Allowed As Costs

Cases: Costs

1/5 DCA Follows Two Other Appellate Decisions on Business Subpoena Costs. ​In Naser v. Lakeridge Athletic Club, Case No. A138353 (1st Dist., Div. 5 June 27, 2014) (partially published; costs discussion published), the lower court allowed the defense prevailing on a summary judgment motion certain costs challenged by the losing plaintiff. However, plaintiff did not

Costs/Equity/Indemnity/Tort of Another: Individual Brokers Not Liable For Real Estate Seller’s Attorney Fee Exposure To Buyers, But Individual Brokers Face Exposure For Sellers’ Own Defense Attorneys Fees In Nondisclosure Lawsuit

Cases: Costs, Cases: Equity, Cases: Indemnity, Cases: Tort of Another

Implied Contractual and Equitable Indemnity Theories Cannot Undermine American Rule. ​Dalton v. Francis, Case No. H033247 (6th Dist. June 26, 2014) (unpublished) involved a buyer lawsuit against seller and dual real estate agents for nondisclosures in connection with a residential sale regarding a dilapidated septic system. The problem was that seller and individual brokers negligently

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