First District, Division 5 So Holds. We doubt the wisdom of this appeal in the first place–after all, a monstrous $1,149.15 in appellate costs were at issue. However, In re Consumer Privacy Cases, Case No. A128862 (1st Dist., Div. 5 Mar. 30, 2011) (unpublished) has some nice discussions on two issues that […]
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
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
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
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
ABC-Learn, Inc. v. Coronado, Case No. B219107 (2d Dist., Div. 2 March 2, 2011) (Unpublished). In this one, a prevailing defendant appealed a lower court’s denial of his request to recoup $136,140 in attorney’s fees under a commercial lease dispute involving a lease agreement and unsigned purchase agreement/joint escrow instructions. The problem here was
“Unity of Interest” Doctrine Gives Discretion To Lower Courts in Awarding Costs. In Toland v. Arredondo, Case Nos. F058619/F059182 (5th Dist. Mar. 1, 2011) (unpublished), one plaintiff was awarded $114,590 and another was awarded $12,585 by a jury against a corporate defendant, although an individual defendant (unified in interest with the corporate defendant)
Failure to Appeal Earlier Judgment Was Critical, With Motion to Correct Not Being the Right Move. Boteach v. Botach, Case No. B224823 (2d Dist., Div. 4 Feb. 24, 2011) (unpublished) is interesting for purposes of demonstrating that a litigant not liking an earlier costs ruling needs to appeal or bring a motion to vacate.
Second District, Division 4 Rebuffs Multiple Challenges to Costs Award by Losing Plaintiff. We have often discussed how fee awards can be substantial and crippling; however, costs award can have the same sting, especially when substantial expert witness fees are shifted because a plaintiff rejected a CCP § 998 offer that the defense
Settlement Agreement Had No Waiver of Costs, Which Led to Reversal of an Order Denying Costs. There definitely is a practice lesson is the next case where a prevailing defendant obtained reversal of an order striking/taxing routine costs in postjudgment proceedings. Robertson v. St. John, Case No G043635 (4th Dist., Div. 3
