Cases: Costs

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

Cases: Class Actions, Cases: Costs

     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 […]

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

Cases: Allocation, Cases: Costs

       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

       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.

Costs/Fees As Damages: Costs Of Appraisal Sought To Be Recovered Under Contractual Fees Clause Not Obtainable Based On Failure To Provide Proof At Damages Stage Of Case

Cases: Costs, Cases: Fees as Damages

       The prevailing party in Gardner v. McCoy, Case No. C067564 (3d Dist. Nov. 13, 2012) (unpublished) was bummed when the lower court did not award him the costs of an appraisal under a lease clause saying that the successful party would recover his “costs and expenses.” That ruling by the trial judge was

Costs/Billing Record Substantiation: Unredacted Billing Records Adequately Described Services

Cases: Billing Record Substantiation, Cases: Costs

  However, Failure to File Costs Memorandum Meant $80,758.75 Costs Award Went Away.      In Bustamante v. T.O. IX, LLC, Case No. B241233 (2d Dist., Div. 6 Oct. 25, 2012) (unpublished), plaintiffs lost a real estate purchase fraud case against defendants, with the purchase contract containing a fees clause. A judicial referee awarded attorneys fees

Costs/Deadlines/Eminent Domain: Defendant Condemnee’s Failure To Timely File Costs Memorandum Was Fatal For Recovery Of Appellate Costs

Cases: Costs, Cases: Deadlines, Cases: Eminent Domain

  Also, U.S. Supreme Court Brief Printing Costs Cannot Be Awarded as Costs By State Courts.      Defendant condemnee was allowed the opportunity, after a prior appeal, to seek costs under Code of Civil Procedure section 1268.720, a statutory provision allowing appellate costs in an eminent domain proceeding in the court’s discretion (Los Angeles Unified

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