Cases: Costs

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    The next case, Waterwood Enterprises, LLC v. City of Long Beach, Case No. B316269 (2d Dist., Div. 1 Apr. 26, 2023) (unpublished) had a topsy-turvy procedural history, but it at long last has seemed […]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 v. Bennett, Case No. D079743 (4th Dist., Div. 1 Mar. 10, 2023) (unpublished) were, to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 v. Diestel Turkey Ranch, Case No. A162702 (1st Dist., Div. 2 Mar. 1, 2023) (unpublished) is an opinion with many cross-over issues as identified in our main title to this post.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             Brady v. Clark, Case No. E078212 (4th Dist., Div. 2 Feb. 8, 2023) (unpublished) is a simple reminder for litigants—if you are claiming routine costs as a prevailing party, file a timely costs memorandum; and, if you are going to oppose a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

Costs, Employment: Costs Award, Mainly, Affirmed On Appeal In Case Where Plaintiff Employee Suffered A Summary Judgment Loss On Whistleblower, Retaliation, And Breach Of Contract Claims

Cases: Costs, Cases: Employment

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

Costs, Prevailing Party: $2.15 Million Fee Order Affirmed, But $205,480.27 In Not Court-Ordered Electronic Document Hosting Charges, Denied, Were Ordered For Consideration On Remand

Cases: Costs, Cases: Prevailing Party

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

Construction, Costs: Litigant Prevailing On Payment Bond Improperly Denied Costs And Fees Under Routine Costs Statute And Civil Code Section 9564(c)

Cases: Construction, Cases: Costs

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

Costs: Fifth District, In A 2-1 Split Decision, Confirms That Judicial Council Trial Court Costs Memorandum Form Sufficed For A Verification Despite Not Having “Under Penalty of Perjury” Language

Cases: Costs

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

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