Cases: Costs – Page 37 – Cal Attorneys Fees

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

November 15, 2012

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 Nov. 13, 2012) (unpublished) was bummed when the lower court did not award him the costs of an appraisal under a lease clause saying that the successful party would recover his “costs and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 […]

Appeal Sanctions/Costs: Defendants Entitled To Costs As A Matter Of Right

November 7, 2012

Prevailing Parties Get Them, With No Frivolity Requirement Necessary, But In Pro Per Litigant Dodged Appeal Sanctions. Koresko v. De La Rosa, Case No. F064375 (5th Dist. Nov. 7, 2012) (unpublished) reinforces the fact that a prevailing party in routine civil litigation does receive routine costs under Code of Civil Procedure section 1032(b).

Costs: Prevailing Government Entity Not Entitled To Claimed Costs For Preparing Clerk’s Transcript On Appeal

Cases: Costs

October 31, 2012

Taxing Party Validly Shifted Burden, Which Was Based On Hearsay “Estimate” Obtained From Court Clerk, and County Did Not Meet Its Burden. Although routine costs are generally proven on a prima facie basis by a verified costs memorandum, this does not mean that an objecting party cannot raise objections which may shift the

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

Cases: Billing Record Substantiation, Cases: Costs

October 27, 2012

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 In Bustamante v. T.O. IX, LLC, Case No. B241233 (2d Dist., Div. 6 Oct. 25, 2012) (unpublished), plaintiffs lost a real estate purchase fraud case against defendants, with the purchase contract containing a fees clause.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

October 27, 2012

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

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

Cases: Costs

October 25, 2012

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

October 6, 2012

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

October 4, 2012

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

August 22, 2012

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

August 18, 2012

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