Cases: Costs

Costs/Prevailing Party: Defendant Obtaining Dismissal After TRO Grant/Preliminary Injunction Denial Was Prevailing Party For Costs Award

Cases: Costs, Cases: Prevailing Party

  Plaintiffs’ Dismissal Cemented Costs Entitlement.      Although coming about in convoluted fashion, defendant was awarded certain costs in an adjacent neighbor tree dispute where plaintiffs won a temporary restraining order but defendant voluntarily made some construction changes so that a preliminary injunction was ultimately denied. Plaintiffs then dismissed their action without prejudice. The trial […]

Costs/Reasonableness Of Fees: Fee Award To Prevailing Party Of $80,000 Sustained Even Though Request Was $560,236.47

Cases: Costs, Cases: Reasonableness of Fees

  Deposition Costs Disallowed Where No Detail Provided.      The next case from our local Santa Ana appellate court teaches two lessons: (1) prevailing parties filing costs memoranda need to utilize the entire Judicial Council forms, including the worksheets which have more detail that just the initial summary page; and (2) Civil Code section 1717

Costs/Deadlines/Special Fee Shifting Statutes: Substantial Fee Awards Against Losing Subcontractor, After Contractor Paid Disputed Small Amount, Affimed On Appeal

Cases: Costs, Cases: Deadlines, Cases: Special Fee Shifting Statutes

  Some of the Appeals Were Untimely; College District Award of Costs and Fee Justified in Nature.      Subcontractor sued a general contractor and community college district on an approximate $100,000 extra work claim. Subcontractor lost many of the claims through pre-trial dispositive motions and dismissed the remaining claim after general contractor paid a disputed

Discovery/Referee Costs: Attorney Cannot Be Ordered To Pay Discovery Referee Costs Unless Discovery Abuse Procedures Followed

Cases: Costs, Cases: Discovery

  Referee Cost Shifting Provisions Does Not Mention Counsel Involvement.      Lupien v. Vons Market, Case No. B228896 (2d Dist., Div. 5 Dec. 6, 2011) (unpublished) involved a situation where plaintiff’s counsel was held jointly and severally liable along with their client for one half of a discovery referee’s costs totaling $7,800. Plaintiff appealed, arguing

Costs: Losing Party In CEQA Proceeding May Be “On The Hook” For Lots Of Expenses For Preparation Of Administrative Proceeding Record

Cases: Costs

  $138,019.51 Was Costs “Hit” In This Case.      Vail Lake USA, LLC v. County of Riverside, Case No. E050835 (4th Dist., Div. 2 Sept. 28, 2011) (unpublished) illustrates how expensive modern litigation can be, and only with respect to selective preparation of an administrative proceeding record in a CEQA case.      There, appellants failed

Costs: Trial Court Did Not Err In Equally Dividing Costs Between Sides And Ordering Defendants To Remit Division Remainder To Plaintiffs

Cases: Costs

  However, Cost Determination Had To Be Remanded Because Plaintiffs Did Achieve More Success on Appeal.      In Madera Oversight Coalition, Inc. v. County of Madera, Case No. F059153 (5th Dist. Sept. 13, 2011) (certified for partial publication; cost discussion published), a vigorously contested CEQA battle–this being the second appeal—the Court of Appeal affirmed a

Employment: Employer Denied An Award Of Routine Costs After Winning An Overtime Compensation Case Gets Vindication On Appeal

Cases: Costs, Cases: Prevailing Party

  Prevailing Party Entitled to Routine Costs in Labor Code section 1194 Overtime Compensation Case.      Employer in Plancich v. United Parcel Service, Inc., Case No. E050631 (4th Dist., Div. 2 Aug. 11, 2011) (certified for publication) defensed employee in an overtime compensation/meal and rest break/failure to maintain records case. However, the trial court denied

Costs/Deadlines: Costs Memorandum Deadline Extended For 5 Days If Notice Of Judgment Entry Done By Co-Litigant

Cases: Costs, Cases: Deadlines

  Amendment of Judgment to Include Costs Award Was Clerical Issue Not Subject to Strict Time Limits.      In an interesting procedural decision of interest to any of us anal, time-driven attorney litigators, the Sixth District provided some interesting guidance on two issues: (1) the deadline timeliness for filing a costs memorandum after a notice

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