Cases: Costs

CCP Section 998, Costs, And Consumer Fee Shifting Statute: Fee Award To CLRA Settling Plaintiff Affirmed Upon Denial of Defense 473 Motion Relating To 998 Offer Containing No Language Dealing With Fees/Costs

Cases: Consumer Statutes, Cases: Costs, Cases: Section 998

Silent 998 Offer Came Back to Bite the Defense as Silence Proves Golden for Prevailing Party.      Many of the decisions we examine have major object lessons for litigators to pay heed to. After all, we like to say that good case management skills are usually learned through mistakes. This next case illustrates this principle […]

ERISA And Routine Costs: District Judges Retain Discretion To Award Or Deny Costs To Prevailing ERISA Parties Under FRCP 54(d)(1)

Cases: Costs, Cases: Special Fee Shifting Statutes

Ninth Circuit Remands For District Judge to Determine Whether Costs Should Be Awarded Under Rule 54(d)(1).      Resolving a split among federal district courts, the Ninth Circuit Court of Appeals in Quan v. Computer Sciences Corp., Case No. 09-56190 (9th Cir. Sept. 30, 2010) (for publication), decided that a prevailing party in an ERISA action

Requests For Admissions And Routine Costs: Denial Of RFA Expenses And Partial Denial Of Routine Costs Is Affirmed On Appeal

Cases: Costs, Cases: Requests for Admission

Sixth District Gives a Primer on RFA Expenses and Routine Costs Awards.      Berkman v. City of Morgan Hill, Case No. H032205 (6th Dist. Sept. 28, 2010) (unpublished) is a virtual primer on the standards to be met to recover fees/expenses under the request for admission sanctions statute codified at Code of Civil Procedure section

Costs: Costs Memorandum Was Timely Filed Within 180-Day Entry of Judgment Window Because Court Clerk’s Mailing Of Judgment Did Not Comply With CCP § 664.5

Cases: Costs

Second District, Division 1 So Holds in Unpublished Decision.      Kamhout v. The Von Companies, Inc., Case No. B208927 (2d Dist., Div. 1 Sept. 28, 2010) (unpublished) is a good reminder of the deadlines in which a winning litigant must file a costs memorandum.      Unless a party or court clerk mails out a proper

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

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