Cases: Costs

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

Section 1717/Costs: Another Two-Fer . . . . Gotta Have A Substantive Basis To Claim Recovery Of Attorney’s Fees Or Expert Witness Fees As Costs

Cases: Costs, Cases: Section 1717

ABC-Learn, Inc. v. Coronado, Case No. B219107 (2d Dist., Div. 2 March 2, 2011) (Unpublished).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

Costs Two-Fer: Court Has Discretion To Deny Costs To Parties Unified In Interest And Wrong Zip Code Will Invalidate Mailing Notice For Costs Memorandum

Cases: Costs, Cases: Section 998

  “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)

Costs/Section 998: Motion To Correct Earlier Costs Award Rejected, With Aggrieved Party Needing To Appeal Or Bring Motion To Vacate

Cases: Costs, Cases: Section 998

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.

Costs/998 Offers: Defense Beating Its Own 998 Offer Got A Nice Reward–$369,850 Costs Award Affirmed On Appeal

Cases: Costs, Cases: Settlement

  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

Costs/Settlement: With Prejudice Dismissal Of Complaint Meant Costs Recovery Was Mandatory For Prevailing Defendant

Cases: Costs, Cases: Settlement

  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

Trade Secrets/Costs: Bad Faith Trade Secret Sanctions Of Fees And Costs Cannot Be Imposed Against Party’s Counsel

Cases: Costs, Cases: Trade Secrets

  Second District, Division 2 Finds Silence In Fee Shifting Statute Does Not Translate Into Legislative Intent to Impose Fees and Costs on Counsel.      We have seen a recent surge in cases where appellate courts have reversed trial court decisions imposing fees and costs against a party’s counsel under certain fee shifting or sanction

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