Cases: Costs

Civil Rights/Costs/POOF!: $567,220.57 FEHA Award And $84,864.47 Costs Award Go POOF! When FEHA Counts Found Jurisdictionally Barred

Cases: Civil Rights, Cases: Costs, Cases: POOF!

  Matter Remanded to Demand Costs Under Routine Costs Statutes, Rather than Broader FEHA Costs-Shifting Provision.      FEHA does have a broad fee-shifting/costs-shifting statute, even covering expert witness fees and generally tilted in favor of winning plaintiffs. Plaintiff won two FEHA counts through a special jury verdict, but defendant moved for a JNOV on the […]

Appealability/Appellate Costs: $1,037.25 Costs For Court Reporter Fees In Designating Appellate Reporter’s Transcript Properly Awarded By Lower Court

Cases: Appealability, Cases: Costs

  Appellate Panel Faces Many Costs Issues, Siding With Krikorian That Order Denying Motion to Tax Appellate Costs Is Appealable.      Although dealing with the propriety of a lower court order awarding respondents $1,037.25 in appellate costs for court reporter fees in preparing a reporter’s transcript, the appellate court affirmed in Williams v. Safire, Case

Costs/Landlord-Tenant/Prevailing Party: Tenants In Dismissed Rescission Action Did Win Routine Costs, But Correctly Denied Attorney’s Fees

Cases: Costs, Cases: Landlord/Tenant, Cases: Prevailing Party

       Ron Sheng, Inc. v. Li, Case No. B239682 (2d Dist., Div. 7 Feb. 19, 2013) (unpublished) is a wild landlord-tenant dispute where landlord settled with tenants and tenants won a $200,760 fee award pursuant to an arbitration which was eventually sustained on appeal. However, landlord brought a rescission action claiming that the settlement

Appealability/Costs/Homeowner Associations: Trial Court’s Denial Of Homeowner’s Request For $145,000 In Fees/Costs After HOA Voluntary Dismissal Affirmed On Appeal Through A Writ Denial

Cases: Appealability, Cases: Costs, Cases: Homeowner Associations

  Court of Appeal, Facing Some Gnarly Procedural Issues, Finds Trial Court Denial Was Correct.      Gunn v. Superior Court (Mai Kai Community Assn.), Case No. G046989 (4th Dist., Div. 3 Feb. 7, 2013) (unpublished) was a situation where an HOA voluntarily dismissed without prejudice an action after a homeowner early on relented and allowed

Costs/Section 998: Fact That Acceptance Proposal Was Separate Document From 998 Offer Did Not Render It Invalid

Cases: Costs, Cases: Section 998

  “Bear Costs” Language In Offer Trumped Surplusage “Plaintiff Can File Costs Bill” In Acceptance Proposal.      Whatley-Miller v. Cooper, Case No. B237335 (2d Dist., Div. 8 Jan. 15, 2013) (published) is an interesting add-on to the prolific increase in cases we have seen under Code of Civil Procedure section 998 pretrial offer jurisprudence.     

Costs/Indemnity/Section 1717: Cussler/Crusader Litigation Marathon Might Be Over–No One Prevailed To Fee Recovery But Crusader Entitled To Routine Costs Of $514,237.47

Cases: Costs, Cases: Indemnity, Cases: Section 1717

        Although we have presaged this crescendo in lengthy litigation between well-known novelist Clive Cussler (who has written novels featuring Dirk Pitt) and film producer Crusader Entertainment in prior September 9, 2010, and February 13, 2011 posts, the denouement apparently has arrived as far as fee/costs recovery in Cussler v. Crusader Entertainment, LLC, Case

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