Cases: Costs

Civil Code Section 1717: Fee Award Reversed Because Prevailing Party Determination Is Different Than The Standard For Adjudging An Award Of Routine Costs

Cases: Allocation, Cases: Costs, Cases: Prevailing Party, Cases: Section 1717

Second District, Division 7 Remands for Further Fee Proceedings.      City of Los Angeles won attorney’s fees against a replacement contractor selected by a bonding surety, where surety and replacement contractor entered into contractual agreements incorporating original agreements between City and the replaced contractor. Replacement contractor lost in the construction litigation, with the trial court […]

Costs: Order Directing Set Aside of Settlement Funds Based On Costs Award Results In Issuance Of Appellate Mandate Writ

Cases: Appealability, Cases: Costs

Second District, Division 2 Overturns Set Aside Order, But Does Not Pass on Validity of Lien.      A defense judgment involving a costs award is usually automatically stayed without bond pending an appeal by the impacted party, such that execution efforts cannot go forward until the appeal is final. (Vadas v. Sosnowski, 210 Cal.App.3d 471,

Costs: Costs Memorandum Does Not Have To Be Verified Under Penalty Of Perjury

Cases: Costs

Second District, Division Four Sustains Use of Judicial Council Form As Proper.      Moghadam v. The Regents of the Univ. of Cal., Case Nos. B194314 & B196120 (2d Dist., Div. 4 Dec. 19, 2008) (certified for partial publication) involved an interesting issue of whether UC Regents’ refusal to allow inspection of student exams violated the

FEHA: Losing Plaintiff Suffers Adverse Costs Award, With No Need To Weigh Whether Plaintiff Has The Ability to Pay

Cases: Civil Rights, Cases: Costs

  Fourth District, Division One Rejects Engrafting Rosenman Requirements Into Routine Costs Proceedings.      In our earlier posts of December 11, 2008 on Trisler and December 16, 2008 on Young, we discussed the Rosenman requirements in FEHA cases: the trial court must make specific written findings as to why the action was frivolous and about

Routine Costs: Trial Judge Found To Have Inferentially Granted 30-Day Extension to File Costs Memorandum When Granting Costs Where Memorandum Untimely Filed Under CRC 3.1700(a)

Cases: Costs, Cases: Deadlines

Fourth District, Division One Also Finds Untimeliness Argument Waived, But Also Decides Merits in Favor of Costs Claimant.      California Rules of Court, rule 3.1700(a)(1) does contain a time deadline for filing and service of a costs memorandum after mailing of notice of entry of judgment or dismissal—15 days. The lower court has also discretion

Costs: No Net Recovery Means Lower Court Has Discretion In Determining The Prevailing Party And Allocating Costs As It Sees Fit

Cases: Costs

Second District, Division Four So Rules in Case Where Plaintiff Only Recovered Restitutionary Judgment Equaling Deposit Check Returned by Defendants Prior to Lawsuit Commencement.      In our category “Cases: Costs,” we have surveyed decisions interpreting assessment of routine costs to a “prevailing party” under Code of Civil Procedure section 1032. This provision is fairly mechanistic

“No Wine Before Its Time”: Attorney’s Fees Awarded At San Francisco Counsel Rates For Napa Case Work; Photocopying Of Exhibits Not Used At Trial Can Still Be Awarded As Discretionary Costs

Cases: Costs, Cases: Reasonableness of Fees

First District, Division Two Finds Relevant Geographic Market for Hourly Rate Determination Not Limited to Case Venue and Resolves Split in Decisional Authority on Costs in Favor of Trial Court Discretion.      As the Thanksgiving Holidays have drawn close, our state appellate courts have issued a plethora of interesting opinions in the attorney’s fees/costs arena.

Costs: Messenger Services For Complex Litigation Filings, Counsel Travel For Court Hearings, And Airport Parking/Cab fare For Hearings Can Be Awarded As Costs If Reasonably Necessary To The Conduct Of The Litigation

Cases: Costs, Cases: Standard of Review

Fourth District, Division One Affirms Decision to Award Such Discretionary Costs.      Following entry of judgment, defendant filed a costs memorandum seeking $4,053.75 in filing/motion fees (which were expenses for faxing the filings to messengers who then filed the documents with the court) and $1,140.20 in attorney travel costs for hearing appearances (including airfare, airport

CCP Section 1021.5 Awards: Unlicensed In Pro Per Plaintiff Cannot Be Awarded Fees, But Fees Incurred By Attorney Assisting In Pro Per Plaintiff Are Recoverable

Cases: Costs, Cases: Private Attorney General (CCP 1021.5)

Second District, Division Four Clarifies Scope of Fee Authorization in In Pro Per Plaintiff Situations and Denies Nonstatutory Costs Requested by Plaintiff.      In pro per plaintiff, who was not a licensed attorney, successfully petitioned for mandate against the City of Agoura Hills City Council, seeking her attorney’s fees and costs as the prevailing party

Corporation Dismissing Superior Court Action In Order To Arbitrate Must Pay Opponents’ Routine Costs Under CCP section 1032(a)(4)

Cases: Costs

Second District So Holds Even Though Corporation Won Prior Small Claims Action Brought By Same Opponents.      The next case teaches a valuable lesson to litigants that are ordered to arbitrate a claim:  in some situations, it might be preferable to request a stay of the action pending completion of arbitration rather than voluntarily dismissing

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