Cases: Costs

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

        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 […]

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

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