Cases: Costs – Page 36 – Cal Attorneys Fees

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

February 8, 2013

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 Gunn v. Superior Court (Mai Kai Community Assn.), Case No. G046989 (4th Dist., Div. 3 Feb. 7, 2013) (unpublished) was a situation where an HOA voluntarily dismissed without prejudice an action after a homeowner early on relented and allowed […]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

January 18, 2013

“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.

Civil Rights/Costs: $30,000 In Costs Assessable Against FEHA Plaintiff Affirmed On Appeal

Cases: Civil Rights, Cases: Costs

December 27, 2012

No one can dispute under existing California law that a losing FEHA plaintiff can attempt to deflect a costs award by showing hardship–inability to pay. (Knight v. Hayward Unified School Dist., 132 Cal.App.4th 121, 135-136 (2005).) However, the losing plaintiff got hit with a $30,000 costs award in Johnson v. Pacific International

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

December 22, 2012

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

Costs/Section 998: Plaintiff’s Verdict Plus Preoffer 998 Costs Did Exceed 998 Offer So As To Justify Costs Award

Cases: Costs, Cases: Section 998

December 19, 2012

Copies of Exhibits Not Used at Trial Were Legitimate Given Defense Admitted Liability Close To Trial. Plaintiff, in Grigsby v. Regents of the Univ. of Calif., Case No. B233430 (2d Dist., Div. 6 Dec. 19, 2012) (unpublished), won a $355,000 jury award in a premises liability case after he fractured a kneecap during

Class Action/Costs: $713,463.72 In Putative Class Action Discovery Notification Costs Were Recoverable By Prevailing Defendant

Cases: Class Actions, Cases: Costs

December 14, 2012

In re Insurance Installment Fees Case, Case No. D057138 (4th Dist., Div. 1 Dec. 13, 2012) (published) is a situation where defendant appealed class action plaintiffs’ successful motion to tax costs of $713,463.72 that defendant sought to shift to plaintiffs. The costs were those for sending notices to insurance policyholders about discovery of personal

Costs: Plaintiff Losing Suit To “Nominal Defendant” Was Subject To Exposure For Routine Costs

Cases: Costs

December 14, 2012

Nominal Defendant Made a General Appearance, So Defendant Prevailed. An in pro per plaintiff losing a suit against certain contractors and a “nominal defendant” (a development association set up to maintain roads throughout the private development) was obviously unhappy that a lower court awarded $1,121 in costs against him and in favor of

Costs: Defendant Dismissed From Action Without Prejudice Still Entitled To Costs As Prevailing Party

Cases: Costs

November 21, 2012

Did Not Matter that Action Was Re-Filed. Kleiman v. Cluff, Case No. B230932 (2d Dist., Div. 6 Nov. 20, 2012) (unpublished) involved a defendant awarded $12,263.20 in routine costs after plaintiff filed a “without prejudice” dismissal in an action, although a second action was re-filed later. The costs award was affirmed on

Allocation/Costs: Losing Plaintiff Properly Hit With Costs Of $93,369.05 After Not Being Successful In Insurance Dispute

Cases: Allocation, Cases: Costs

November 21, 2012

Losing plaintiff in an insurance dispute must have been agasp when he was hit with a costs award of $93,369.05, although the trial court did lop off one-third of the requested $140,053.58. (The costs mainly included witness fees and deposition costs.) Plaintiff was not successful in his appeal in Morgan v. Pacific

Costs/Deadlines/Probate: Because Probate Code Does Not Require A Formal Judgment, 15-Day Costs Memorandum Filing Deadline Ran From Clerk Served Notice Of Ruling Denying Cross-Petition

Cases: Costs, Cases: Deadlines, Cases: Probate

November 15, 2012

Although one living partner in a joint venture with a deceased partner lost a probate cross-petition battle regarding distribution of shares from the joint venture, living/nonprevailing partner was successful in resisting the subsequent costs award in favor of the prevailing parties. Reason? It was untimely filed. As explained in Friedman v.