Cases: Costs

Costs: Cost Award Affirmed Against Unsuccessful Party Where Initial Judgment Not Properly Served, Meaning Winner Had 180 Days To File Costs Memorandum

Cases: Costs

First District, Division 4 So Rules Based on Inadequate Appellate Record      Many times before, we have counseled that an adequate appellate record is vital when seeking review of a lower court order/judgment by any federal or state reviewing court. That counseling was ignored in the next case, which means the appealing party was doomed. […]

Statutory Fees: Attorney’s Fees Motion Preserves Fee Request, With Claimants Not Having To File Costs Memorandum Seeking Fees

Cases: Costs, Cases: Deadlines, Cases: Prevailing Party

Second District, Division 3 Rebuffs Contrary Technical Argument.      In Brownstein v. Smith, Case No. B205864 (2d Dist., Div. 3 July 1, 2009), plaintiff lost a condominium dispute against other condo owners arising out of CC&Rs. Defendants were entitled to seek fees under Civil Code section 1354(a), a fee-shifting provision applying to parties seeking to

Federal Routine Costs: Ninth Circuit Both Sides To Bear Costs After Substantial Reduction of Punitive Damages In Exxon Valdez Case

Cases: Costs

Dissent Believes Exxon Was Entitled To Costs For Large Damages Reduction.      Almost one year after the wreck of the Exxon Valdez, the parties stipulated to entry of a $507.5 million judgment against Exxon, after the punitive damages award was reduced by 90% after several journeys through the federal appeals courts (including the U.S. Supreme

Routine Costs: Trial Court’s Misreading Of Judgment And Failure To Exercise Discretion In Determining Prevailing Party For Costs Purposes Required Remand

Cases: Costs, Cases: Standard of Review

Second District, Division 2 Stresses That Record Must Show Discretion Was Actually Exercised.      Although an order denying routine costs is reviewed under the deferential abuse of discretion standard, there is an important qualifier to application of this rule—there must be an indication that the trial court actually did exercise discretion. If a judge misreads

Federal Routine Costs and Civil Rights Fees: Ninth Circuit Rejects Creative “Prevailing Party” Costs Claim By Losing Plaintiff And Remands Denial Of Defense Fees Decision For Reconsideration

Cases: Civil Rights, Cases: Costs, Cases: Prevailing Party

Illinois Sitting Judge Shadur Raises Alchemy Analogy in Court of Appeal Decision.      Federal court costs are routinely rewarded to the prevailing party—especially the party winning a summary judgment motion or trial against a plaintiff. Even though this happened in the context of a summary judgment proceeding, the plaintiffs in the next case tried to

Routine Costs: Parties Obtaining Rescission Properly Determined Not A Prevailing Party For Purpose Of Costs Award

Cases: Costs

First District, Division 2 So Holds in Lengthy Unpublished Opinion.      In our category “Costs,” we have explored Code of Civil Procedure section 1032’s definition of prevailing party for purposes of a costs award. Although there are mandatory triggers requiring an award of costs to defined prevailing parties, the trial court has discretion to award

Costs: “Unity Of Interest” Doctrine Gives Discretion To Trial Courts In Awarding Routine Costs

Cases: Allocation, Cases: Costs

Second District, Division 5 Also Finds Discovery Referee, Mediation, and Computerized Document Control/Exhibit Costs Can Be Discretionarily Awarded.      In Henderson v. County of Los Angeles, Case No. B209871 (2d Dist., Div. 5 Apr. 29, 2009) (unpublished), defendant sheriff prevailed after the trial court directed a verdict on certain claims in a civil rights excessive

Costs Memorandum Following Voluntary Dismissal: Court Of Appeal Determines No Proposed Judgment Needs To Be Additionally Filed

Cases: Costs, Cases: Discovery

First District, Division 3 Disagrees With Weil & Brown Treatise Commentary.      After plaintiff voluntarily dismissed her action, two defendants timely filed cost memoranda, but did not submit proposed judgments in addition to the memoranda. Plaintiff argued that the failure to submit these extra proposed judgments barred recovery of costs based primarily on a commentary

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