Second District, Division 7 Agrees with Sister Court that Costs Are Awardable if Reasonably Necessary to the Conduct of the Litigation Based on Analogous Out-of-County Counsel Cases. In Jessen v. Mentor Corp., Case No. B210059 (2d Dist., Div. 7 Nov. 17, 2009) (unpublished), the Second District, Division 7 agreed with the Fourth District, […]
Second District, Division 8 Affirms $250,000 Fee Award to Prevailing Defendants. A broadly-worded attorney’s fees provision—such as one allowing for fee recovery in “any action whatsoever arising from rights and obligations established under [the] Bylaws, including but not limited to actions for damages resulting from a breach of these Bylaws or actions for specific
Second District, Division 3 Address Many, Many Procedural Issues in Unpublished Opinion. In Matusek v. Benn, Case No. B206776 (2d Dist., Div. 3 Oct. 29, 2009) (unpublished), two sets of defendants (the Murad and Benn defendants, each set composed of businesses and their principals) contracted to create an infomercial using an appearance by plaintiff
No One Prevailed in Noncompete Invalidation Battle. Where more than monetary relief is involved or mixed results are reached, the trial court has substantial leeway in determining which litigant, if any, prevailed in litigation for routine costs purposes. (Code Civ. Proc., sec. 1032(a)(4).) The next case illustrates this well, and also shows that appellate
Fifth District Determines Unlicensed Contractors May Not Offset Reimbursement/Disgorgement Claims Under Unlicensed Contractors Law. Here is a spin on our category POOF!, where a reversal usually means a fee/costs award goes away for the time being. This next case is a reverse POOF!, where a denial of a costs award was reversed and
Third District Finds Miller Rule Also Applies to Prevailing 998 Defendant. In Miller v. Union Pacific Railroad Co., 147 Cal.App.4th 451 (2007), the Third District Court of Appeal decided that the availability of expert witness costs in a Federal Employers Liability Act (FELA) action involving an injured railroad employee filed in state court
Second District, Division 4 Has a Good Discussion of the Difference Between “Clerical” and “Judicial” Error in Corrected Judgment Context. Here is an arcane one, but one that does arise every so often. In Lee v. H. Rauvel, Inc., Case No. B205454 (2d Dist., Div. 4 Sept. 25, 2009) (unpublished), the lower court
Fourth District, Division 1 Sustains Award of Referee’s Costs to Prevailing Party. In Behne v. Chodur, Case Nos. D052416/D053551 (Sept. 24, 2009) (unpublished), a brother and sister unfortunately got into a partnership damages/accounting donnybrook. An accounting referee was appointed by the court to determine the net proceeds of several real estate projects involved
Demonstrative Evidence and Computer Related Expenses Were Properly Allowed As Routine Costs. The next case is one that will remind practicing litigators to make sure they properly authenticate fee submissions in support of attorney’s fees request. The decision also has a nice discussion of some routine cost items that are recoverable in this
Court of Appeal Does Strike Nonstatutory Costs Award, Following Ripley Over Bussey. In Gaggero v. Yura, Case No. B203780 (2d Dist., Div. 5 Sept. 14, 2009) (unpublished), defendant won a purchase agreement dispute with a contractual fees clause after the trial court found that a condition precedent—CC&Rs—was not agreed on between both sides. (Seller
