Cases: Costs

Costs And Civil Code Section 1717: Motion To Tax Costs Award Reversed Because Nothing Showed That Section 1717 Applied or That The Claimed Costs Were Unnecessary Or Unreasonable In Nature

Cases: Costs, Cases: Section 1717

  Second District, Division 4 Orders Denial of Motion to Tax Costs.      Civil Code section 1717 applies to fee award requests, not an award of routine costs. If a memorandum of costs itemizes routine costs authorized by statute (such as filing fees, process service fees, and exhibit copying expenses), the burden is on the […]

Costs: Voluntary Dismissal By Plaintiff Meant Routine Costs Award Was In Order

Cases: Costs

  Second District, Division 3 Applies Clear Law in this Area.      In Greene v. Minuteman Parking Co., Case No. B218223 (2d Dist., Div. 3 Sept. 22, 2010) (unpublished), the trial court awarded defendant $520 in routine costs after an in pro per plaintiff voluntarily dismissed his action. Plaintiff appealed, but the reviewing court concluded

Costs And 998: Second District, Division 7, Through P.J. Perluss, Gives Us A Two-Fer Tutorial On Costs and CCP § 998

Cases: Costs, Cases: Settlement

     Presiding Justice Perluss, on behalf of the same panel of the Second District, Division 7 (yet in two separate unpublished decisions), gives us some good teachings on routine costs and Code of Civil Procedure section 998 issues. Costs: Mixed Result Means Prevailing Party Determination is in Lower Court’s Discretion.      In Cordier v. Swanson

Insurance And Costs: Substantial Brandt Recovery Sustained And Routine Costs Award Reversed/Affirmed

Cases: Costs, Cases: Insurance

First District, Division 4 Discusses Brandt And Routine Costs In Catholic Priest Molestation Insurance Dispute.      Howard v. American National Fire Ins. Co., Case Nos. A121569 & A123187 (1st Dist., Div. 4 Aug. 11, 2010) (certified for publication) is a virtual primer for insurance litigators, involving substantial upholding of a substantial bench trial award against

Prevailing Party And Costs: Voluntary Dismissal Of Prior Action Did Not Give Rise To Fees, But Did Give Rise To Costs, When There Was On-Going Litigation Between Parties

Cases: Costs, Cases: Prevailing Party

Second District, Division Four Reversed Costs Denial, Affirmed Fees Denial.      The next case shows that courts pragmatically gauge prevailing party status when in comes to fees and costs awards—costs may be mandatory upon a voluntary dismissal, but not necessarily an award of attorney’s fees in the same circumstance (with the fees award being the

Costs and 998 Expert Witness Fees: Court Of Appeal Affirms Most Of Trial Court Decision Awarding Routine Costs, Denying Expert Witness Fees, and Denying Attorney’s Fees

Cases: Appeal Sanctions, Cases: Costs, Cases: Experts, Cases: Sanctions, Cases: Section 1717, Cases: Section 998

First District, Division 5, Except for a $49 Adjustment, Tells Everyone to Go Home But For a Minor $1,000 Appellate Sanctions.      Salvio Street, LLC v. Lee, Case Nos. A122408/A123080 (1st Dist., Div. 5 July 29, 2010) (unpublished) is an interesting case, not just for the legal issues, but because it demonstrates how pragmatic appellate

Insurance: In Which the Court of Appeal Rules Insurer “Must Lie In the Bed It Made”

Cases: Allocation, Cases: Costs, Cases: Indemnity, Cases: Insurance, Cases: Mediation, Cases: Section 998, Cases: Standard of Review

Fifth District agrees the Case is “screwed up.”      The story arc of this opinion begins at a low point, and plummets.  “What the heck?I?,” begins the Court of Appeal opinion.  “At one point, the trial court commented, ‘This is one of the most screwed up cases I’ve ever seen.’  We heartily agree.”  Essex Insurance

Costs: Second District, Division 7 Seems To Part Company With Fourth District, Division 3 Over Procedure For Recovering Non-statutory Costs

Cases: Costs, Cases: Fees as Damages

  Division 7 Seems To Favor Trial Proof Method Over Post-Judgment Costs Hearing Approach in Unpublished Decision.      On June 23, 2010, we reported on Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC, __ Cal.App.4th __, 2010 WL 2473831 (4th Dist., Div. 3 June 21, 2010), where a panel of the Fourth District, Division 3

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