Cases: Costs

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

Surveyor’s Fees In Trespass/Encroachment Damages Action Is Not A Recoverable Cost Under Code of Civil Procedure Section 1033.5(b)

Cases: Costs

First District, Division Four Eliminates This Item From Lower Court Costs Award.             In Belen v. Taylor, Case No. A118433 (1st Dist., Div. 4 Aug. 25, 2008) (unpublished), defendant Taylor suffered a default judgment under trespass/encroachment theories by which he was ordered to remove a fence/garage, ordered to award damages to plaintiff,

Stipulation to Split the Costs of Judicial Referee Precluded Costs Award to Prevailing Party

Cases: Costs

Fifth District Found Unambiguous Agreement That Rendered Erroneous a Discretionary Costs Award.             In a contractual dispute between the City of Chowchilla and Carr Business Enterprises, the parties stipulated to submission of the case to a referee under Code of Civil Procedure section 638 (consensual referee statute), specifically stipulating that "compensation for

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