Cases: Costs

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      Lupien v. Vons Market, Case No. B228896 (2d Dist., Div. 5 Dec. 6, 2011) (unpublished) involved a situation where plaintiff’s counsel was held jointly and severally liable along with their client for one half of a discovery referee’s costs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      Vail Lake USA, LLC v. County of Riverside, Case No. E050835 (4th Dist., Div. 2 Sept. 28, 2011) (unpublished) illustrates how expensive modern litigation can be, and only with respect to selective preparation of an administrative proceeding record in a CEQA case.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

Costs/Prevailing Party: Where Party Obtains Nonmonetary Relief In Mixed Claims Litigation, Costs Prevailing Party Determination Is A Discretionary Call

Cases: Costs, Cases: Prevailing Party

  Attorney Winning Contractual Costs Assessment Dispute Collected Substantial Costs.      Here is one demonstrating how prevailing party costs determinations are frequently discretionary in nature in multi-count litigation involving both monetary and nonmonetary claims.      In Petrik v. Mahaffey, Case No. G042114 (4th Dist., Div. 3 June 9, 2011) (unpublished), plaintiff was represented by a

Prevailing Party/Special Fee Shifting Statute/Costs: Taxpayer Reaps $186,342.54 As Fee Recovery When Trial Court Remands Case Back For Assessment Board Base Tax Year Recalculation

Cases: Costs, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes, Cases: Taxation

  Fees Justified Under Government Code Section 800 and Revenue and Taxation Code Section 1611.6; Costs Of $19,788.92 Justified Under CCP § 1032.      Here are two companion cases from the Fifth District, Canandaigua Wine Co., Inc. v. County of Madera, Case Nos. F059256 and F059621 (Apr. 20, 2011) (unpublished), discussing fee-shifting statutes we do

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