Second District, Division 8 Finds That Class Notice Capping Costs Would Not Allow For Higher Settlement Costs Award. In Clark v. American Residential Services LLC, Case No. B203476 (2d Dist., Div. 8 July 6, 2009) (certified for publication), a trial court approved a wage/hour class action settlement for a total of $2 million, inclusive […]
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.
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
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
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
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
First District, Division 2 So Holds in Lengthy Unpublished Opinion.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
Fourth District, Division 2 Acknowledges General Rule on Appeal. Code of Civil Procedure section 1268.720 sets out a general rule that a defendant landowner is entitled to his costs on appeal, a rule not restricted to the situation of whether or not he prevails. The purpose of the rule is to ensure that
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
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
