Cases: Costs

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

FEHA Prevailing Party Can Be Awarded Expert Witness Fees By Noticed Motion Even Though Cost Memorandum Deadlines Are Exceeded

Cases: Civil Rights, Cases: Costs

Second District, Division Eight So Rules in Case Involving Non-Court Ordered Expert Witness Fees.             Government Code section 12965(b) specifies that, in retaliation claims under California’s Fair Employment and Housing Act (FEHA), “the court, in its discretion, may award to the prevailing party reasonable attorney’s fees and costs, including expert witness fees

Inadequate Fee Substantiation: Winner In Attorney Fee Award Fails to Rebut Substantial Opposition Showing Glitches in the Substantiation Process

Cases: Allocation, Cases: Costs, Cases: Substantiation of Reasonableness of Fees

First District, Division Two Reverses Fee Award For Further Remand Proceedings to Scrutinize Substantial Fee Award.             In our “Cases:  Fee Substantiation” category, we have reviewed past decisions showing that California has a fairly “loosey goosey” standard for substantiating the amounts claimed in attorney’s fee petition requests.  However, the next case illustrates

Irreconcilable Costs Award Vacated … Or Respondents Can Accept A Consent To Reduce Costs To The Undisputable Amount Within 30 Days of Remittitur Issuance

Cases: Costs

Fourth District, Division One Cannot Reconcile Award, But Gives Respondents A Choice For Outright Affirmance With No Remand Proceedings.             Once in a while, you see a case where appellate jurists display some uncanny savvy in resolving an appeal.  In the next case, the appellate panel had difficulty reconciling a costs award

“Early Bird” CCP Section 998 Offers: Unreasonable Per Se Or Unreasonable Based on Facts and Circumstances?

Cases: Costs, Cases: Section 998

Third District Panel Splits Sharply on Reasonableness of 998 Offer Served With the Complaint Where No Formal Discovery Occurred.             The next case we discuss centers upon “early bird” Code of Civil Procedure section 998 offers, particularly one that was served concurrently with service of the summons and complaint in a personal

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