“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. […]
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
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
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 of Calif., Case No. B233430 (2d Dist., Div. 6 Dec. 19, 2012) (unpublished), won a $355,000 jury award in a premises liability case after he fractured a kneecap during
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
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
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 Kleiman v. Cluff, Case No. B230932 (2d Dist., Div. 6 Nov. 20, 2012) (unpublished) involved a defendant awarded $12,263.20 in routine costs after plaintiff filed a “without prejudice” dismissal in an action, although a second action was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
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
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.
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
