Cases: Costs

Costs/POOF!/Prevailing Party: Reversal of Impact Fee Component Judgment Meant Prevailing Party Status Had To Be Revisited, But Not Costs Award

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

  Substantial Fee Award Went POOF!      Estancia Coastal, LLC v. KB Home Coastal, Inc., Case No. D062219 et al. (4th Dist., Div. 1 Dec. 16, 2013) (unpublished) involved a big fight between a developer hit with $6.5 million in developmental mitigation fees against assignee of a land owner giving an option to developer. The […]

Allocation/Costs/Prevailing Party: Wine Cellar Gets Hit With $28,659.50 Contract Damages Plus Prejudgment Interest PLUS $36,061.50 In Contractual Attorney’s Fees

Cases: Allocation, Cases: Costs, Cases: Prevailing Party

  Plaintiff Got Unqualified Win, With No Apportionment Needed; Two Winning Defendants Failed To Timely File For Costs.      This case stirred our curiosity, because it involves Veris Cellars, which appears to be a very nice winery located in the Paso Robles area in San Luis Obispo County. However, no matter who the litigant, beware

Appealability/Costs/Section 998: Defendant’s Failure To Appeal Motion To Tax Costs Ruling After Entry of Judgment Meant Appellate Court Lacked Jurisdiction To Review Costs Ruling

Cases: Appealability, Cases: Costs, Cases: Section 998

  Appellate Court Followed Fish v. Guevarra, Finding It Was Rightly Decided.      Many times in blogging over the years, we have stressed that postjudgment fees and costs rulings should be separately appealed as a preventive measure. The next case reinforces the prudence in following this general protocol.      Pfeifer v. John Crane, Inc., Case

Costs: Andreini & Co. Decision Now Published

Cases: Costs

  Opinion Deals With Whether Costs Of Borrowing Money To Post Appellate Deposit Are Recoverable By Winning Party And Whether CRC 8.278(d)(1)(F) Is Retroactive.      On September 15, 2013, we posted on Andreini & Co. v. MacCorkle Ins. Service, Inc., an opinion determining that a winning party’s costs of borrowing money to post an appellate

Class Actions/Costs/Multiplier/Reasonableness Of Fees: Plaintiffs Winning Vacation Pay Labor Code Class Action Also Garner Costs Of $145,341.93 And Attorney’s Fees Of $5,722,008

Cases: Class Actions, Cases: Costs, Cases: Multipliers, Cases: Reasonableness of Fees

  2.0 Multiplier Enhancement Was Justified.      In Molina v. Lexmark International, Inc., Case Nos. B227746 et al. (2d Dist., Div. 2 Sept. 19, 2013) (unpublished), an employer suffered a $7,777,620 adverse amended judgment in a class action involving employer’s vacation policy violations of Labor Code section 227.3. The lower court also awarded plaintiffs $145,341.93

Costs (On Appeal): Pre-California Rules Of Court Amendment Is Not Retroactive, Meaning Successful Appellant Cannot Recover Costs For Borrowing Money To Make Appellate Deposit As An Undertaking During An Appeal

Cases: Costs

  Rossa Decision Found to Provide Dispositive Analytical Template.      Here is an interesting unpublished decision dealing with whether a successful appellant is entitled to recover the costs of borrowing money to make an undertaking deposit with the trial court as security during the appeal. The appellate court answered “no.”      In Andreini & Co.

Costs: Denial Of Interpreter Costs Was No Abuse Of Discretion, But Denial Of Foreign Witness Travel Costs As A Matter Of Law Was Erroneous

Cases: Costs

  Witness Travel Expenses Are Not A “Taboo” Costs Item.      Costs is the issue we focus on in Shanghai Linzheng Import & Export Co., Ltd. v. Playhut, Inc., Case No. B237169 (2d Dist., Div. 8 Aug. 23, 2013) (unpublished), even though merits and prejudgment interest issues were also involved.      Here, a prevailing party

Costs/Prevailing Party: Lower Court Did Not Abuse Discretion In Denying Dismissed Defendant Costs When Dismissal Expressly Predicated On Each Side Bearing Own Fees/Costs

Cases: Costs, Cases: Prevailing Party

  Be Careful in Saying “Thank You.”      HPSC, Inc. v. Tiffany, Case No. D061142 (4th Dist., Div. 1 Aug. 19, 2013) (unpublished) is a situation where one defendant was dismissed upon an oral motion after a summary judgment argument, with the court expressly indicating the defendant was dismissed upon the condition that both sides

Costs: Appellate Costs Properly Assessed

Cases: Costs

  Even Though $368,588 Was Substantial Award, It Was Justified.      One of the things many respondents want during an appeal is a bond or undertaking to “secure” the judgment while the matter is winding its away through the appellate process. That makes sense from several perspectives, but there is a downside as the next

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