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 The Fourth District, Division Three, in an unpublished decision authored by Presiding Justice O’Leary, did not have to confront an issue which divided the Fifth District in Srabian v. Triangle Track Center, Case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
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 In Schwade v. South Pasadena Rehabilitation Center, LLC, Case No. B318644 (2d Dist., Div. 2 Dec. 5, 2023) (unpublished), employee lost a wage/hour claim lawsuit, although involving intertwined claims, on a summary judgment.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
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 Peccia v. Guerrero, Case No. B316614 (2d Dist., Div. 3 Dec. 4, 2023) (unpublished) is an opinion reminding practitioners that specific Probate Code provisions may take precedence over more general CCP prevailing party statutory
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 G061491/G061681 (4th Dist., Div. 3 Nov. 13, 2023) (unpublished) is a decades-long dispute which finally resulted in plaintiff failing to prove his claims, in plaintiff defeating cross-claims against the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
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
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)
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 Haaverson v. Tavistock Freebirds, LLC, Case No. A164043 (1st Dist., Div. 5 Aug. 18, 2023) (unpublished) is an interesting opinion which explores whether a complaint needs
Plaintiff Did Not Subsequently Renew His Objections At The Trial Level, Meaning The Addition Of Costs Was A Ministerial Act Rather Than A Substantial Amendment to the Judgment. Max v. Shih, Case No. B322716 (2d Dist., Div. 1 July 27, 2023) (unpublished) is a situation which reminds counsel to renew motions to strike costs,
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
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
