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 v. Bennett, Case No. D079743 (4th Dist., Div. 1 Mar. 10, 2023) (unpublished) were, to […]
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 v. Diestel Turkey Ranch, Case No. A162702 (1st Dist., Div. 2 Mar. 1, 2023) (unpublished) is an opinion with many cross-over issues as identified in our main title to this post.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
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 Brady v. Clark, Case No. E078212 (4th Dist., Div. 2 Feb. 8, 2023) (unpublished) is a simple reminder for litigants—if you are claiming routine costs as a prevailing party, file a timely costs memorandum; and, if you are going to oppose a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 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
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 In Henry v. Dawson, Case No. G061115 (4th Dist., Div. 3 Nov. 15, 2022) (unpublished), the 4/3 DCA affirmed that CourtCall and electronic filing expenses are allowable in the
Breach Of Contract Costs Were Distinct, So That They Were Warranted Versus Costs On FEHA-Related Claims Never Determined To Be Frivolous. In Hussain v. Peralta Community College District, Case No. A164189 et al. (2d Dist., Div. 4 Oct. 5, 2022) (unpublished), plaintiff employee lost his retaliation, whistleblower, and contract claims against defendant through summary
Decision Looks Like It Recognizes That The Modern Costs Of ESI Discovery Expenses May Be Compensable In The Lower Court’s Discretion. In Russo v. Andrews, Case No. A155999 et al. (1st Dist., Div. 5 Sept. 28, 2022) (unpublished), defendants beat plaintiff in a contentious LLC operating agreement dispute, with defendants awarded damages and equitable
It Did Not Matter That Someone Else Paid Or Reimbursed Costs And Fees—Entitlement Was There. In Cell-Crete Corp. v. Federal Ins. Co., Case No. E075264 (4th Dist., Div. 2 Sept. 8, 2022) (published), defendant prevailed in a case involving a payment bond, which raised whether defendant was entitled to routine costs and prevailing party
Panel Also Concluded That Aggregate Costs Descriptions And Failure To Apportion Out For Nonprevailing Parties Are Solid Bases To Tax Costs. In Srabian v. Triangle Truck Center, Case No. F080066 (5th Dist. Aug. 12, 2022) (unpublished), the Fifth District faced an interesting legal question where a prevailing party used the MC-010 Judicial Council form
$61,122.27 Was The Tab. In Kassas v. State Bar of California, No. 21-55900 (9th Cir. Aug. 1, 2022) (published), the Ninth Circuit reiterated that, in line with In re Findley, 593 F.3d 1048 (9th Cir. 2010), the costs associated with a Chapter 7 debtor attorney’s disciplinary proceedings were nondischargeable under § 523(a)(7).
