Defaulted Defendant, Although Getting Remand On Damages, Did Not Show Prevailing Party Status. Although somewhat intuitive, Justice Fybel in a case involving defaulted defendants confirmed a common sense result where a defaulted defendant, only winning a remand on damages on appeal, claimed he was the prevailing party entitled to routine costs at the […]
Answer: No Case On The Issue We Are Aware Of, But We Will Give Our Guess. A blog follower asked us if a small claims prevailing party can collect legal consultation expenses as “cost of the action” after prevailing—an apparent claim often made by winning small claims litigants. We could not locate
Trial Judge Committed No Abuse in Having Winner Chase 49 Individual Plaintiffs to Collect $2,700 Pro Rated Costs Rather Than the Whole Enchilada. In Aspell v. Mercury Casualty, Case No. B244501 (2d Dist., Div. 2 Feb. 13, 2014) (unpublished), an insurer obtained a jury verdict in its favor against 49 homeowners claiming they
Abuse of Discretion in Various Costs Orders Not Shown. Kronick v. Mackston, Case No. B245492 (2d Dist., Div. 5 Feb. 10, 2014) (unpublished) is a wild dog incident case in Corona Del Mar Park in Pacific Palisades. Plaintiff sued defendant claiming that defendant kicked her dog and then threatened plaintiff, while defendant countersued
To This Court, Unified In Interest Doctrine Alive And Well. Interesting to see jurisprudence to evolve, even in unpublished decisions. In Bedi v. Dhaliwal, Case Nos. A135784/A137061 (1st Dist., Div. 5 Jan. 27, 2014) (unpublished), the reviewing court had to discuss the “unified in interest” exception to awarding routine costs, with one
No Real Case Law on the Precise Issue, But Result is Logical to Appellate Court. Personalized Workout of La Jolla, Inc. v. Ravet, Case No. D061647 (4th Dist., Div. 1 Jan. 14, 2014) (unpublished) dealt with an interesting issue—whether plaintiffs winning fees/costs in a prior SLAPP proceeding were the parties with a “net
However, Attorney’s Fees Award Was Premature Until Judgment or Settlement Obtained Under Inverse Condemnation Fee-Shifting Provision. In an earlier appeal, Plaintiffs had obtained a reversal of a defense summary judgment in an inverse condemnation case, with the appellate court directing that the lower court consider a request for fees under Code of Civil
First Two Nonrecoverable Items, in Ninth Circuit Ruling, Depart From Federal Appeals Court Determinations to the Contrary. The Ninth Circuit in Kalitta Air L.L.C. v. Central Texas Airborne System Inc., Case No. 13-15015 (9th Cir. Dec. 19, 2013) (published) decided that “taxable” routine costs do not include (1) pro hac vice admission fees,
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
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
