Diaz v. Los Angeles County MTA, Case No. 236856 (2d Dist., Div. 7 Mar. 5, 2013) (unpublished) demonstrates that appellate courts will not flinch from reinstating a reduction in appellate printing expenses as a routine costs if the reduction was arbitrary in nature. Here, the lower court reduced a printing cost because
Appellate Panel Faces Many Costs Issues, Siding With Krikorian That Order Denying Motion to Tax Appellate Costs Is Appealable. Although dealing with the propriety of a lower court order awarding respondents $1,037.25 in appellate costs for court reporter fees in preparing a reporter’s transcript, the appellate court affirmed in Williams v. Safire, Case
Ron Sheng, Inc. v. Li, Case No. B239682 (2d Dist., Div. 7 Feb. 19, 2013) (unpublished) is a wild landlord-tenant dispute where landlord settled with tenants and tenants won a $200,760 fee award pursuant to an arbitration which was eventually sustained on appeal. However, landlord brought a rescission action claiming that the settlement
Court of Appeal, Facing Some Gnarly Procedural Issues, Finds Trial Court Denial Was Correct. Gunn v. Superior Court (Mai Kai Community Assn.), Case No. G046989 (4th Dist., Div. 3 Feb. 7, 2013) (unpublished) was a situation where an HOA voluntarily dismissed without prejudice an action after a homeowner early on relented and allowed
“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
