Government Code Section 21167(f) Was Basis For Reduction. In San Diego Citizenry Group v. County of San Diego, Case No. D059962 (4th Dist., Div. 1 July 30, 2011) (unpublished), losing CEQA plaintiff did challenge the costs of preparing part of an administrative record and argued the County was not entitled to reimbursement of […]
Fourth District, Division 2 Disagrees With Cummings. In the civil rights area, Cummings v. Benco Building Services, 11 Cal.App.4th 1383, 1388 (1992) is a California decision oft-cited for the proposition that both fees and costs cannot be awarded against a losing civil rights plaintiff unless the action is deemed to be frivolous, unreasonable,
Also, Mediation and Other Routine Costs Were Justified. Landlord won damages, attorney’s fees, and routine costs against lease assignees in Town Square Properties v. Mansouri, Case No. B236871 (2d Dist., Div. 5 July 15, 2013) (unpublished). The fee award alone was $167,407.55 in favor of landlord, as well as routine costs for mediation
Also, Plaintiff Cannot Receive Trial Expenses As Costs Based on Being Awarded Costs on Appeal from An Earlier Appeal. Plaintiff property owner, in a prior published decision, obtained a trial court judgment affirmed on appeal in connection with a determination that the Nevada County Assessment Appeals Board failed to apply the correct burden
Additional Costs Awards for Experts and Trial Technology Also Sustained. In Bender v. County of Los Angeles, Case No. B236294 (2d Dist., Div. 8 July 9, 2013) (published), plaintiff won an excessive police force Bane Act suit, with the Bane Act containing a fee-shifting clause. The lower court also awarded $989,258 to plaintiff
Apportionment May Be Required In Response to Motion to Tax Costs, But Trial Court Erred By Not Allowing Allocation After Raising Apportionment Objection Sua Sponte. Justice Bedsworth, for a 3-0 panel, held in Morris v. Wilson, Case No. G047534 (4th Dist., Div. 3 June 20, 2013) (unpublished) that a defendant is not required
Cauzza v. Julian Union High School Dist., Case No. D060364 (4th Dist., Div. 1 June 18, 2013) (unpublished) is a great case for you educational practitioners on the law and type of proof to demonstrate a school district’s liability or non-liability for off-campus homecoming float activities. In the end, school district prevailed on
Defense Has No Obligation to Produce Its Fees Expended Absent a Proper Discovery Request, Appellate Court Rules. McElroy v. City of San Diego, Case No. D059562 (4th Dist., Div. 1 May 30, 2013) (unpublished) is a “meaty” decision on a lot of cross-over attorney’s fees issues. So let us begin. The underlying
Holding Somewhat Came to the Same Result as Watson v. Knorr, But Based On Uniquely Worded Settlement Agreement Fees/Cost Clauses. “Like spectators at a sporting event with a beach ball, some litigators manage to keep an action bouncing along in the air indefinitely,” is the beginning sentence in De Sena v. Richert, Case
Also, No Costs Recovery for Expenses Recouped Via An Insurance Carrier. Nevis Homes LLC v. CW Roofing, Inc., Case No. B237907 (2d Dist., Div. 1 May 15, 2013) (partially published) determined two issues of importance, one published and one unpublished in nature: 1. In the published portion, the mail service of a
