First District, Division 2 So Holds in Lengthy Unpublished Opinion.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 In Henderson v. County of Los Angeles, Case No. B209871 (2d Dist., Div. 5 Apr. 29, 2009) (unpublished), defendant sheriff prevailed after the trial court directed a verdict on certain claims in a civil rights excessive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
Fourth District, Division 3 So Rules in Unpublished Decision. In Nguyen v. Nguyen, Case No. G040316 (4th Dist., Div. 3 Mar. 11, 2009) (unpublished), a litigant won a bench trial and filed a costs bill, including a request for reimbursement of $2,700 for a Vietnamese interpreter for trial. The trial court awarded $4,200 for
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
Second District, Division 7 Finds Lower Court Erred in Its Application of Code of Civil Procedure Sections 998 and 1032. In our category “Section 998,” we have explored numerous cases that discuss the operation of Code of Civil Procedure section 998, a pretrial offer to compromise mechanism that can operate to deny post-offer fees
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
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
Second District Panel Splits 2-1 on Whether Contractual Clause Allowed for Fee Recovery From Post-Arbitration Judicial Proceeding Win Before the “Dispute” Was Finally Resolved. The next case illustrates how even appellate jurists will come to different conclusions when construing a contractual fees clause where the matter is one for de novo review based on
