Cases: Costs

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First District, Division 2 So Holds in Lengthy Unpublished Opinion.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      In Henderson v. County of Los Angeles, Case No. B209871 (2d Dist., Div. 5 Apr. 29, 2009) (unpublished), defendant sheriff prevailed after the trial court directed a verdict on certain claims in a civil rights excessive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

Family Law: Pendente Lite Fee Denial Reversed For Failure To Consider Family Code Section 2030/2032 Factors; Appellate Costs Reduction Reversed For Legal Error And For Allowing Satisfaction Through Installment Payments

Cases: Costs, Cases: Family Law

Fourth District, Division 3 Also Has Some Comments on Systemic Problems Plaguing Family Law Courts in Orange County.      The next case is not only interesting for the legal issues discussed, but equally poignant in the way its weaves in a discussion of problems plaguing family law dockets in Orange County (and likely other California

Undertaking For Costs: Trial Courts Must Use CRC 3.53(b) Factors In Exercising Discretion With Respect To Out-of-State Indigent Plaintiffs

Cases: Costs, Cases: POOF!, Cases: Undertaking

  Second District, Division 7 Provides Guidance On Discretionary Decision Making Under CCP Section 1030.      Code of Civil Procedure section 1030 vests trial courts with discretion to require out-of-state plaintiffs to post an undertaking to pay costs to prevailing defendants where there is a reasonable possibility of a decision favorable to the defense. The

Civil Code Section 1717: Appellate Court Sustains Trial Court’s Refusal To Award Fees When Plaintiff Voluntarily Dismissed Contract-Based Claims

Cases: Costs, Cases: Section 1717

  Local Santa Ana Appellate Court Follows Santisas.      Santisas v. Goodin, 17 Cal.4th 599 (1998) is one of our Leading Cases, where the California Supreme Court held that contractual fees are not available under Civil Code section 1717(b)(2) where a case has been voluntarily dismissed or dismissed pursuant to a settlement of the case

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