Cases: Costs

Arbitration/Costs/Section 998: Where Arbitration Submission Agreement Is Broad, Seek Winning 998 Enhancements From Arbitrator, Not Just The Court

Cases: Arbitration, Cases: Costs, Cases: Section 998

  Denial of 998 Cost Enhancements Was Not Improper.      Maaso v Signer, Case No. B228314 (2d Dist., Div. 2 Feb. 7, 2012) (certified for publication) is one of those lessons for all of us practitioners who arbitrate to take to heart–make sure you check the arbitration submission agreement for breadth of issues, meaning that […]

Costs/Fees As Damages: Nonspecific Expert Witness/Other Costs In Contractual Fee/Costs Provision Had To Be Pled And Then Proven Before Posttrial Stages

Cases: Costs, Cases: Fees as Damages

  First District, Division 1 May Have Intimated Disagreement With Thrifty Payless in Recent Unpublished Decision.      Way back in our June 23, 2010 post on Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC, 185 Cal.App.4th 1050 (2010), we knew that this case would engender some further judicial feedback. It basically held that expert witness

Costs/Section 998: Fourth District, Division 3 Tackles Some Pragmatic Costs-Shifting Issues Arising From Successful 998 Offer

Cases: Costs, Cases: Section 998

  Main Holding is that Winning Defendant Can Recoup Expert Fees Paid In Deposing Plaintiff’s Expert.      Acting Presiding Justice Bedsworth, on behalf of a 3-0 panel of the Fourth District, Division 3, authored a colorful opinion in the routine costs/section 998 area in Chaaban v. Wet Seal, Inc., Case No. G044718 (4th Dist., Div.

Costs/Substantiation Of Fees/Trespass: Fifth District Decision, With Its Reversal Requiring New Fee Reconsideration On Remand, Offers Some Clues . . .

Cases: Costs, Cases: Substantiation of Reasonableness of Fees, Cases: Trespass

  . . . On Adequate Fee Substantiation, Cost Recovery Under Civil Code Section 3334(a), And Deadlines For Submitting Amended Fee Request Information      This next case is a wild thing, a second appeal involving litigants entangled in a subsurface trespass case where plaintiff was seeking to recover for defendant’s environmental contamination of its groundwater.

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

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