Cases: Costs

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 A122408/A123080 (1st Dist., Div. 5 July 29, 2010) (unpublished) is an interesting case, not just for the legal issues, but because it demonstrates how pragmatic appellate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

Costs: First District, Division 5 Addresses Standards Governing Award of FEHA Expert Witness Costs To Winning Defendant

Cases: Civil Rights, Cases: Costs, Cases: Section 998

  Interaction of Code of Civil Procedure Section 998 Also Explored.      This next case is a very scholarly review of the standards governing an award of expert witnesses fees as costs to a winning defendant in a FEHA action. It is Holman v. Altana Pharma US, Inc., Case Nos. A122783/A124451 (1st Dist., Div. 5

Costs: Government Entity Entitled To Award Of Routine Costs, Even If Verification Does Not Exactly Track The Statute

Cases: Costs, Cases: Sanctions

  Government Entity Entitled to Filing Fees as Costs, and Supplemental Memorandum Was Appropriately Filed.      The Fourth District, Division 3, in a tandem pair of decisions authored by Acting Presiding Justice Rylaarsdam, have confronted when governmental entities are entitled to recover filing costs even when no judgment is entered and that a costs memorandum

Deadlines: Fee Motion Filed 15 Days After Dismissal of Harassment OSC Satisfied Cost Memorandum Requirement

Cases: Costs, Cases: Deadlines

Fourth District, Division 2 Nixes Overly Technical Argument on Deadlines.      You knew where this one would end when the appellate panel concluded at the tail end of the opinion that “Plaintiff’s contention on appeal elevates form over substance.” That meant the trial court’s order awarding costs, including attorney’s fees, in the amount of $8,078.35

Expert Fees Under Fees Clause: Fourth District, Division 3 Rules They Are Recoverable Through Routine Costs Procedure

Cases: Costs, Cases: Fees as Damages

Appellate Panel Disagrees With “Pleading and Proof” Approach in Carwash.      Many attorney fees clauses have language that allows the prevailing party to recover both attorney’s fees and “witness and expert fees.” Although Code of Civil Procedure section 1033.5 does not permit expert witness fees to be recovered as statutory costs, case law does recognize

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