Cases: Costs

Costs: Expedited Deposition Transcripts, Litigation Support, And Deposition Reporter Holiday Per Diem/Different Transcript Formats/Transcript Production Fees Can Be “Reasonably Necessary”

Cases: Costs

  Other Cases Finding These Costs Nonrecoverable Are Distinguishable.      There are two important principles at play in the next case we discuss with respect to recovery of routine costs by a prevailing party: (1) the lower court has a large latitude of discretion to award costs “reasonably necessary to the conduct of the litigation’’ […]

Costs/Fee Clause Interpretation/Section 1717: Quantum Meruit Is Not “On A Contract” Under Section 1717 And Prevailing Attorney Entitled To Routine Costs, But Not Fees Under Ambiguous Fees Clause

Cases: Costs, Cases: Fee Clause Interpretation, Cases: Quantum Meruit, Cases: Section 1717

       In Siciliano v. Singh, Case Nos. E052352/E053582 (4th Dist., Div. 2 Oct. 5, 2012) (unpublished), one attorney won quantum meruit fees based on a voided contingency fee agreement, with both client and attorney seeking recovery of attorney’s fees and costs (even though, ultimately, attorney did beat out–barely–a CCP § 998 offer once routine

Costs/Deadlines: Trial Court Can Weigh Prejudice In Deciding Whether To Enforce Costs Memordandum Filing Requirements

Cases: Costs, Cases: Deadlines

  Costs Award Affirmed, With Appearance Fee In Motion to Quash Proceeding Properly Awarded.      Plaintiffs were bummed when the lower court awarded $23,750.12 in costs to some defendants winning a motion to quash based on lack of personal jurisdiction. They appealed, mainly arguing that defendants exceeded the 15 day deadline for filing a costs

Costs/Deadlines: Prevailing Defendant’s Reduced Costs Award Affirmed And Substantial Fee Award Against Another Defendant Alter Ego On Labor Violations Also Sustained

Cases: Costs, Cases: Deadlines

  Procedural Challenges to Costs and Fees Awards Did Not Prevail.      Guo v. Zhang, Case No. B235748 (2d Dist., Div. 4 Aug. 21, 2012) (unpublished) is a case where one defendant was held to be an alter ego of a business that was hit with compensatory damages for Labor Code violations and another defendant

Costs/Homeowner Associations: Some Possible Implications Arising From California Supreme Court’s Pinnacle Decision

Cases: Costs, Cases: Homeowner Associations

May Have Some Repercussions for Construction Defect Litigation Costs and Homeowner/HOA Fee Recovery.             On August 16, 2012, our state supreme court issued its opinion in Pinnacle Museum Tower Assn. v. Pinnacle Market Development, Case No. S186149 (Cal. Sup. Ct. Aug.16, 2012).  The high court found that CC&Rs mandating arbitration between developers and homeowner associations

Pending Cases: U.S. Supreme Court To Determine If Prevailing Defendant Can Be Awarded Costs Against Losing Plaintiff In FDCPA Case

Cases: Cases Under Review, Cases: Costs

  FRCP 54(d) Was Basis For the Cost Award in Tenth Circuit Decision.      On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit’s decision in Marx v. General Revenue Corp., U.S. No. 11-1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney’s fees) against

Costs/Private Attorney General: Nonprofit Organization Losing 5 Of 6 Issues Not Entitled To CCP § 1021.5 Fee Recovery For CEQA Reconsideration That Did Not Change Project

Cases: Costs, Cases: Paralegal Time, Cases: Private Attorney General (CCP 1021.5)

  Public Hearings Remand Was a Limited One, At Best; Attorney/Paralegal Work Stricken From Cost Award In County’s Favor.      A nonprofit organization out to save blue oak woodlands from the consequences of a development appealed a denial of a requested fee recovery under CCP § 1021.5 after they won a limited public hearings remand

Costs/Equity/Section 998: Second District, Division 6 Affirms Judicial Referee Split And Determination That 998 Offers From Plaintiffs Were Valid For Awarding Costs To Plaintiffs

Cases: Costs, Cases: Equity, Cases: Section 998

       In a construction defect matter, both sides appealed after a trial court found that judicial referee costs should be split consistent with a judicially-filed stipulation and after making an award of certain statutory costs to plaintiffs after finding that their CCP § 998 offers were valid.      Both sides were disappointed after the

Employment/Costs/Reasonableness Of Fees: Winning Plaintiff Did Get Lost Wage Attorney’s Fees, But Only $60,000 Out Of Requested $260,817.50

Cases: Costs, Cases: Employment, Cases: Reasonableness of Fees

  Costs Taxed for Korean Interpreters and Discovery Referee Expenses.      Plaintiff, an ex-employee, did win compensatory and some punitive damages from his former employer, doing so through a complaint that included a lost wage claim. Winner then requested $260,817.60 in attorney’s fees under Labor Code section 218.5, a pro-plaintiff lost wage fee-shifting statute, and

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