Cases: Costs

Costs, Private Attorney General: In Case Involving Extension Of 241 Toll Road Near San Clemente, 4/2 DCA Affirms Denial Of 1021.5 Fees To HOA, Reverses And Remands Denial Of Fees To Environmental Parties, And Affirms Award Of Costs Against HOA

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

Lots Of Moving Parts Here, But The Remand For Environmental Parties Is Not An Automatic Endorsement Of Receiving 1021.5 Fees.             City of San Clemente v. Department of Transportation et al., Case No. E077153 (4th Dist., Div. 2 June 29, 2023) (published) arose out of the Corridor Agency’s approved extension of State Route 241 (known […]

Appeal Sanctions, Costs: Prevailing Party Was Entitled To An Amended Judgment With Costs Requests Included Because The Other Side Did Not File Any Motion To Strike/Tax Costs

Cases: Appeal Sanctions, Cases: Costs

However, Appeal Sanctions Were Denied Because They Were Improperly Sought In Respondent’s Brief, Rather Than Through A Separate Motion.             The next case, Black v. Fireman’s Fund Ins. Co., Case No. A165731 (1st Dist., Div. 1 May 11, 2023) (unpublished), has two lessons, where a prevailing party did obtain an amended judgment to add unopposed

Costs: Prevailing Party On Appeal Allowed $1,500 In Printing/Copying Appellate Costs For Appellate Briefs/Other Pleadings

Cases: Costs

Counsel Press Expenses Were Allowed, With Unsuccessful Motions Still Entitled To Allowance.             In Kleidman v. Feeva Technology, Inc., Case No. H049681 (6th Dist. May 10, 2023) (unpublished), the losing party challenged $1,500 in appellate costs for printing and copying briefs, arguing that it included motion and other pleadings (not just briefs) and that it

Costs: Computerized Legal Research Costs Are Not Allowable As Routine Costs, But Electronic Hosting Expenses, Even If Not Ordered By The Trial Court, Are Discretionarily Reimbursable

Cases: Costs

1/4 DCA Follows Ladas On The Computerized Legal Research Issue.              Kung v. Carthy, Case No. A161965 (1st Dist., Div. 4 May 3, 2023) (unpublished) considered whether computerized legal research costs and electronic hosting expenses (expenses not expressly approved by the trial judge) are reimbursable.  Number 1 was decided to not be a reimbursable cost,

Costs, Prevailing Party: Party Achieving Partial Success, And Reversal Of Prior Fee Prevailing Party Adverse Against It, Was Not Entitled To Fees On Remand Because Lower Court Properly Determined It Did Not Prevail

Cases: Costs, Cases: Prevailing Party

The Appellate Win Did Not Allow For Prevailing Party Fees, Because The Ultimate Litigation Outcome Result Was Dispositive—No One Prevailed.             The next case, Waterwood Enterprises, LLC v. City of Long Beach, Case No. B316269 (2d Dist., Div. 1 Apr. 26, 2023) (unpublished) had a topsy-turvy procedural history, but it at long last has seemed

Costs: Defendant’s Failure To File A Verified Memorandum Of Costs, After Being Given Extra Time By The Court, Precluded Recovery Of Costs

Cases: Costs

Lower Court Also Granted Plaintiff CCP § 473 Relief From A Late-Filed Motion To Tax Costs, But No Costs Could Be Recovered Given Plaintiff’s Waiver By Failing To File A Costs Memo.             The procedural events in Cielo Homeowners Assn. v. Bennett, Case No. D079743 (4th Dist., Div. 1 Mar. 10, 2023) (unpublished) were, to

Costs, Prevailing Party, Private Attorney General, Section 998, Trespass: Prevailing Defendant/Cross-Complainant Obtains Attorney’s Fees Under Trespass Fee Shifting Statute Despite Receiving Nominal Damages And Also Receives Routine Costs

Cases: Costs, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Section 998, Cases: Trespass

Losing Plaintiff/Cross-Defendant Denied Private Attorney General Fee Request In Opinion With Several Cross-Over Issues.              Direct Action Everywhere SF Bay Area etc. v. Diestel Turkey Ranch, Case No. A162702 (1st Dist., Div. 2 Mar. 1, 2023) (unpublished) is an opinion with many cross-over issues as identified in our main title to this post.             In

Costs: Failure To File A Costs Memorandum Or File A Motion To Tax Costs As To A Competing Costs Memorandum Both Constituted A Waiver If Not Timely Filed, Absent A Court Extension

Cases: Costs

Waiver Principles, Pure And Simple.             Brady v. Clark, Case No. E078212 (4th Dist., Div. 2 Feb. 8, 2023) (unpublished) is a simple reminder for litigants—if you are claiming routine costs as a prevailing party, file a timely costs memorandum; and, if you are going to oppose a dueling costs memorandum against you, you need

Costs: $240,170 Out Of $322,812 In Costs Awarded In Personal Injury Action Against Defendant Were Improperly Awarded

Cases: Costs

Costs For Non-Expert Treating Physicians And Exhibit Work By Law Firm Regularly Salaried Employee Were Not Proper Subjects Of An Award.             Plaintiff husband (and his wife to some extent) were awarded over $3.7 million in a vehicular personal injury action against defendant, with the lower court later awarding plaintiff $322,812 in costs (out of

Costs, Judgment Enforcement: CourtCall and Electronic Filing Fees Are Discretionary Costs Which Can Be Awarded

Cases: Costs, Cases: Judgment Enforcement

Appellant’s Claim For An Offset Based On An Appellate Costs Award Was Rejected Because Appellant Failed To Renew His Judgment Before The 10-Year Deadline Ran.             In Henry v. Dawson, Case No. G061115 (4th Dist., Div. 3 Nov. 15, 2022) (unpublished), the 4/3 DCA affirmed that CourtCall and electronic filing expenses are allowable in the

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