Cases: Costs

Costs: Because FEHA Costs Involve An Exercise Of Lower Court’s Discretion In Finding Case Was Frivolous, Costs Memorandum Is An Ineffective Means Of Seeking Costs

Cases: Costs

Same Rule Applies To Routine Costs Which Are Not A Matter Of Right.             This case is a good reminder for practitioners representing prevailing parties to seek discretionary costs through a noticed motion, not just through a cost memorandum.             In Neeble-Diamond v. Hotel California By The Sea, LLC, Case No. G061425 (4th Dist., Div. […]

Costs: Costs Related To Noticed, But Untaken, Depositions And Service Related Thereto Are Not Subject To A Blanket Exception Under The Routine Costs Statutes

Cases: Costs

Rather, The Test Is Whether Whey Were Reasonably Necessary To The Litigation At The Time Incurred.             In Garcia v. Tempur-Pedic North America, LLC, Case No. E079859 (4th Dist., Div. 2 Jan. 8, 2024) (published), after dismissal by plaintiff of an initial suit against a manufacturer for an allegedly defective mattress, manufacturer moved for costs

Appealabilty, Costs: Only Adding Costs To A Judgment, Through An Amendment, Does Not Rest Time To Appeal From The Original Judgment

Cases: Appealability, Cases: Costs

No Substantial Modification Was Obtained By Adding Costs To A Judgment.             In Crokin v. Primrose, Case No. G061959 (4th Dist., Div. 3 Jan. 3, 2024) (unpublished), authored by Presiding Justice O’Leary, the 4/3 DCA agreed that adding routine costs, attorney’s fees, and interest to an original judgment through an amended judgment did not reset

Costs: $68,441.99 Costs Award Affirmed On Appeal, Avoiding Judicial Council Form Lack Of Verification Language In Costs Memorandum

Cases: Costs

Fifth District Split Decision On This Issue Did Not Need To Be Confronted.             The Fourth District, Division Three, in an unpublished decision authored by Presiding Justice O’Leary, did not have to confront an issue which divided the Fifth District in Srabian v. Triangle Track Center, Case No. F080066 (Aug. 12, 2022), where the dissenting

Costs, Employment: Employee Assessed With Routine Costs For Not Prevailing On Labor Code Violations, Intertwined With Other Claims, Obtained Reversal As A Matter Of Law Where Employee’s Case Was Not Brought In Bad Faith

Cases: Costs, Cases: Employment

Where Wage Claims Are Not Brought In Bad Faith, Intertwined Claims Do Not Give Rise To Costs Exposure.             In Schwade v. South Pasadena Rehabilitation Center, LLC, Case No. B318644 (2d Dist., Div. 2 Dec. 5, 2023) (unpublished), employee lost a wage/hour claim lawsuit, although involving intertwined claims, on a summary judgment.  The lower court

Costs, Probate: Probate Code Section 1002 Takes Precedence Over General CCP § 1032(b) Prevailing Party Provisions

Cases: Costs, Cases: Probate

Probate Court Has Discretion To Determine Whether Costs Should Be Awarded, Who Should Pay Them, And Who Should Recover Them.             Peccia v. Guerrero, Case No. B316614 (2d Dist., Div. 3 Dec. 4, 2023) (unpublished) is an opinion reminding practitioners that specific Probate Code provisions may take precedence over more general CCP prevailing party statutory

Costs, Section 998: In A Dispute Spanning About A Decade, Court Of Appeal Resolves Costs Issues Under General Principles And CCP § 998

Cases: Costs, Cases: Section 998

Bottom Line Is That Some Routine Costs May Have To Be Paid On Remand By Prevailing Defendant.             Hussein v. Razin, Case Nos. G061491/G061681 (4th Dist., Div. 3 Nov. 13, 2023) (unpublished) is a decades-long dispute which finally resulted in plaintiff failing to prove his claims, in plaintiff defeating cross-claims against the defendant/cross-complainant, and with

Costs, Special Fee Shifting Statutes: In “Close Call” Situation, 9th Cir. Majority Affirms Denial Of EAJA And Bad Faith Atty’s Fees Where Government Lost Case Due To Unreliable Opinion Of Its Expert, But Reverses Denial Of Certain Deposition Costs

Cases: Costs, Cases: Special Fee Shifting Statutes

Dissenting Circuit Judge Would Have Awarded Defendants Fees Because DOL’s Case Was Not Substantially Justified When Viewed Under An Objective Standard.             The Equal Access to Justice Act (EAJA) was enacted to curb abusive and costly lawsuits involving the federal government, authorizing a prevailing party to seek attorney’s fees and costs from a federal agency

Civil Rights, Costs: Prevailing ADA Defendant Entitled To Costs Under F.R.Civ.P. 54(d)(1) Even If The Matter Was Not Frivolous

Cases: Civil Rights, Cases: Costs

Majority Opinion Followed Marx Decision; Dissent Would Have Followed A Contrary Pre-Marx Decision Despite Indicating The Result Might Be The Same.             In Garcia v. Gateway Hotel, L.P., Case No. 21-55926 (9th Cir. Sept. 15, 2023) (published), the Ninth Circuit, in a 2-1 opinion, clarified that defendants prevailing in an American with Disabilities Act (ADA)

Costs, Default Judgments, Multipliers, Paralegal Time: $709,620 In Attorney’s Fees Entered As Part Of A Default Judgment After Entry of Terminating Sanctions Was Affirmed On Appeal

Cases: Costs, Cases: Default Judgments, Cases: Multipliers, Cases: Paralegal Time

Complaint Did Not Have To Plead An Exact Amount Of Fees; 3.0 Positive Multiplier Appropriate; PAGA Settlement Administration Expenses/Paralegal and Legal Assistant Expenses Properly Allowed As Routine Costs.             Haaverson v. Tavistock Freebirds, LLC, Case No. A164043 (1st Dist., Div. 5 Aug. 18, 2023) (unpublished) is an interesting opinion which explores whether a complaint needs

Scroll to Top