Cases: Costs

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

Costs: Ninth Circuit Clarifies Cost-Shifting Under 28 U.S.C. § 1919 Where Suit Is Dismissed For Lack Of Jurisdiction

Cases: Costs

  Equitable, Case-By-Case Approach Prevails, With Substantial Costs Award Going Bye-Bye.      Here is how this opinion began: “Given the complexities of litigation and the escalating magnitude of attorneys’ fees, it is no surprise that appellate review of attorney’s fees and costs has focused overwhelmingly on fees. [Parenthetical–yep, reason for this blog.] Nonetheless, costs also

Costs/Undertaking: A Little Shy of $180,000 In Appeals Bond Premium Costs Properly Assessed Against Winning Defendant On Appeal

Cases: Costs, Cases: Substantiation of Reasonableness of Fees

  Even Though Defendant Did Not Win Total Reversal of Damage Award, Total Costs of Appeals Bond Premium Were Properly Awarded To Defendant For the Appellate Win.      Here is an object lesson for all appellate attorneys in a case: carefully assess whether you want an appeals bond. If you lose in a partially big

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