Cases: Costs

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      In Petrik v. Mahaffey, Case No. G042114 (4th Dist., Div. 3 June 9, 2011) (unpublished), plaintiff was represented by a […]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 F059256 and F059621 (Apr. 20, 2011) (unpublished), discussing fee-shifting statutes we do

Costs/Section 998: Costs Awards To Two Plaintiffs Affirmed On Appeal

Cases: Costs

  Section 998 Fee Shifting Justified One Award, While Trial Court Discretion Allowed Award For Judgment Below Unlimited Jurisdictional Threshold.      It often pays to request the trial court to amend a judgment to reflect what was really awarded by a jury. In this case, the addition of a property loss award of about $4,500

Costs/Deadlines/Section 998: $40,000 Costs Award Based On 998 Offer Sustained Despite The Fact Defendant Failed To Enter Favorable Costs Ruling To Judgment For Over 2 Years

Cases: Costs, Cases: Deadlines, Cases: Section 998

  No Provision Required that Winning Defendant Enter Costs Judgment Under Any Deadlines.      Here is an interesting case that really is a big one to be archived in our “Deadlines” category. It goes to show you that recalcitrance, while not to be condoned, may not get punished unless there are statutory or court rule

Appealability/Costs/Prevailing Party: Fourth District, Division 2 Faces Wild Decision With A Wide Variety of Appeability, Costs, and Fee Issues

Cases: Costs, Cases: Prevailing Party

  Published Part of Decision Holds That Order Taxing Costs Allowable After An Appeal Awards Costs Is Itself an Appealable Order.      Krikorian Premier Theatres, LLC v. Westminster Central, LLC, Case Nos. E047523/E049537 (4th Dist., Div. 2 Mar. 24, 2011) (certified for partial publication) is a wild decision in that a prior appellate reversal completely

Costs: Peace Officer Subpoena Reimbursement To Public Entity Payable By Subpoenaing Litigant And Litigant’s Attorney

Cases: Costs

  Fourth District, Division 3 Decides Either Litigant or Attorney Is Responsible for Reimbursement.      Government Code section 68097.2(b) provides that when a peace officer is subpoenaed to testify, “the party at whose request the subpoena is issued shall reimburse the public entity for the full cost to the public entity incurred in paying the

Costs/Prevailing Party: Trial Court’s Dismissal Of Case Based On Worker’s Compensation Exclusivity Defense Did Not Deprive It Of Jurisdiction To Award Costs To Prevailing Party

Cases: Costs, Cases: Prevailing Party, Cases: Workers' Compensation

Fifth District So Decides, But Lays Down No Absolute Rule On Subject Matter Jurisdiction Issue.      Brown v. Desert Christian Center, Case No. F060139 (5th Dist. Mar. 17, 2011) (certified for publication) involved a personal injury that was dismissed on the jurisdictional defense that the involved injuries were within the exclusive province of the worker’s

Costs: Behr v. Redmond Now A Published Decision

Cases: Costs

  Genital Herpes Case With Costs Ruling Certified for Publication.      In our March 2, 2011 post, we discussed Behr v. Redmond, Case No. E04833 (4th Dist., Div. 2 March 2, 2011), a genital herpes case in which a costs award for expert witness fees was reversed because no CCP § 998 offer was proven

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