Cases: Costs

Costs/Reasonableness Of Fees: Fee Award Of Less Than One-Third of Requested Lodestar Affirmed, But Routine Costs Denial Reversed Because Failure To Use Judicial Council Form Was Not Dispositive

Cases: Costs, Cases: Reasonableness of Fees

  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      McElroy v. City of San Diego, Case No. D059562 (4th Dist., Div. 1 May 30, 2013) (unpublished) is a “meaty” decision on a lot of cross-over attorney’s fees issues.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 […]

Arbitration: Legal Costs Of Enforcing And Interpreting Settlement Agreement Properly Denied Because These Were Arbitral Issues

Cases: Arbitration, Cases: Costs

  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

Sanctions/Section 998/Costs/Private Attorney General: Four-In-One Post Unpublished Quartet

Cases: Costs, Cases: Private Attorney General (CCP 1021.5), Cases: Sanctions, Cases: Section 998

Sanctions–Spahl v. Santiago, Case No. B236369 (2d Dist., Div. 2 May 9, 2013) (Unpublished).     In this one, plaintiffs sanctioned under CCP § 128.7 argued that defendants' inclusion of a request for dismissal in its motion for sanction rendered the sanctions request invalid. Not so, because simply doing this did not contravene underlying any statutory purpose

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

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