Cases: Costs

Costs, Special Fee Shifting Statute: More Than $73,000 In City Attorney Time Needed To Complete CEQA Administrative Record Affirmed On Appeal

Cases: Costs, Cases: Special Fee Shifting Statutes

Yes, Attorney, Paralegal, And Engineering Time Can Be Available As Allowable Costs And Fees To A Prevailing City In A CEQA Case.                Public Resources Code section 21167.6(b)(1) authorizes an award of allowable fees or costs in a CEQA case to a prevailing party, which may include reasonable attorney, paralegal, and engineering fees in completing […]

Appealability, Costs, Fee Clause Interpretation: Lower Court’s Grant Of Expert Fee Costs To Defendant And Denial Of Attorney’s Fees To Defendant Affirmed On Appeal

Cases: Appealability, Cases: Costs, Cases: Fee Clause Interpretation

Lack Of Adequate Record Doomed Both Appeals, But They Also Failed On The Merits.                In Paige v. Nolan, Case No. B322162 (2d Dist., Div. 5 Dec. 13, 2024) (unpublished), plaintiff refused a CCP § 998 offer in a legal malpractice case, with defendant attorney winning.  The lower court did award attorney some expert witness

Costs, Prevailing Party: Plaintiff Dismissing Case After Obtaining Nonmonetary Relief Requested During The Litigation May Be The Prevailing Party

Cases: Costs, Cases: Prevailing Party

Lower Court Erred In Not Granting Routine Costs Under Mandatory Prevailing Party Costs Provisions; But, On Remand, It Needed To Determine If Plaintiff Prevailed Under The Discretionary Prevailing Party Costs Provision.                Our title and subtitle above capture what happened in Fillerup v. Franchise Tax Board, Case No. C099158 (3d Dist. Dec. 11, 2024) (unpublished),

Costs: Fifth District Agrees That Unity Of Interest Principle Was Repealed In The Routine Costs Area

Cases: Costs

It Endorsed The Reasoning In The Charton Opinion.                In Mosley v. Pacifica Bakersfield, L.P., Case No. F084699 (5th Dist. Sept. 20, 2024) (unpublished), a co-defendant dismissed right before trial was awarded a little over $28,000 in routine costs against plaintiff, who won sizable damages.  The Fifth District affirmed, deciding that (1) CCP § 1032(a)(4)

Costs: With Respect Trial Transcription Costs, Court Reporter Fee Are Awardable But Transcript Preparation Is Not Unless Transcripts Ordered By The Court

Cases: Costs

Also, Messenger And E-Filing Charges Are Allowable In The Court’s Discretion.                McCluskey v. Hendricks, Case No. B331457 (2d Dist., Div. 2 July 16, 2024) (unpublished) reinforced these principles for recovery of routine costs: (1) court reporter fees for trial transcription are recoverable (CCP § 1033.5(a)(11); Gov. Code, § 68086(d)(2)); (2) actual trial transcript preparation

Costs, Deadlines, Probate, Reasonableness Of Fees, Special Fee Shifting Statutes: $175,252.50 Fee Award Under Financial Elder Abuse Statute Affirmed On Appeal

Cases: Costs, Cases: Deadlines, Cases: Probate, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Fee Request Reduced Down From $203,865; Two Awarded Routine Costs Components Remanded For A Further Hearing.                In Thompson v. Ito, Case No. G061437 (4th Dist., Div. 3 June 12, 2024) (unpublished), a defendant losing a trust undue influence case and determined to have committed financial elder abuse was hit with an adverse attorney’s fees

Costs, Discovery: Court Of Appeal Found Nothing Wrong In Allowing Recovery Of Routine Costs For Filing Discovery Motions, Even If They Were Unsuccessful And Costs/Fees Were Denied Against Defendants In The Discovery Proceedings

Cases: Costs, Cases: Discovery

No Authority Shown To Conclude Otherwise, With Routine Costs And Actual Discovery Sanctions Serving Distinct Purposes.                In BBBB Bonding Corp. v. Pilling-Miller, Case Nos. H050703 et al. (6th Dist. May 10, 2024) (unpublished), plaintiff lost trade secret misappropriation and related claims, with costs of $34,989 out of a requested $44,989 awarded to the prevailing

Costs, Employment: Labor Code § 1194(a) Mandatory Prevailing Employee Statute Prevails Over Discretionary Routine Costs Provision Giving Discretion To Deny Fees For Limited Success

Cases: Costs, Cases: Employment

Reasonableness Of Fees Will Be An Issue On Remand.                Justice Viramontes, in Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322697 et al. (2d Dist., Div. 8 Mar. 25, 2024) (published), confronted a situation where an employee recovering $7,659.93 for minimum wage and overtime claims in a long jury trial then sought $296,920

Allocation, Costs, Trade Secrets: Plaintiff Obtaining Permanent Injunction Was Entitled To Contractual Attorney’s Fees, But Fee Determination By Lower Court Remanded To Reconsider 75% Reduction In Request And Denial Of Discovery Work

Cases: Allocation, Cases: Costs, Cases: Trade Secrets

4/3 DCA Also Determined Contractual Expenses Must Be Pled And Proven As Damages, As Well As Reversed A Nonsuit On Whether The Trade Misappropriation Was Willful and Malicious.                In Applied Medical Distrib. Corp. v. Jarrells, Case No. G062056 (4th Dist., Div. 3 Mar. 8, 2024) (published), plaintiff former employer Applied sued former employee Jarrells

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