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 In Henry v. Dawson, Case No. G061115 (4th Dist., Div. 3 Nov. 15, 2022) (unpublished), the 4/3 DCA affirmed that CourtCall and electronic filing expenses are allowable in the […]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 (2d Dist., Div. 4 Oct. 5, 2022) (unpublished), plaintiff employee lost his retaliation, whistleblower, and contract claims against defendant through summary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 (1st Dist., Div. 5 Sept. 28, 2022) (unpublished), defendants beat plaintiff in a contentious LLC operating agreement dispute, with defendants awarded damages and equitable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 Aug. 12, 2022) (unpublished), the Fifth District faced an interesting legal question where a prevailing party used the MC-010 Judicial Council form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).
Electronic Filing Fees, Messenger Costs For Serving Reply Papers, and Private Court Reporter Fees Were At Issue. Plaintiff losing her case was hit with a relatively small routine costs award. On appeal in Koerber v. Encyclopaedia Britannica, Inc., Case No. B312047 (2d Dist., Div. 2 July 13, 2022) (unpublished), plaintiff to no avail challenged
Plaintiff’s Challenge To The Costs Order Was Precluded As It Ultimately Attacked A Prejudgment Order That Plaintiff Did Not Appeal And Did Not Challenge In Appeal Of The Judgment And Underlying Summary Judgment Ruling. In Lopez v. Irvine Company LLC, Case No. G059354 (4th Dist., Div. 3 July 1, 2022) (unpublished), defendants defeated plaintiff’s
Lack Of Trial Court Findings Required A Limited Remand On Possible FEHA Costs. In a FEHA/non-FEHA mixed case, routine costs that true non-FEHA claim costs are recoverable but that overlapping FEHA/non-FEHA claim costs which cannot be apportioned can only be recovered if the FEHA claim was frivolous. (Roman v. BRE Properties, Inc. (2015) 237
Prevailing Party Determination Is Pragmatic On Costs Awards As Well. Successor trustee in Sutherland v. Arent, Case No. A161411 (1st Dist., Div. 1 June 14, 2022) (unpublished) was awarded costs after she finally obtained possession to a rental cabin by including dismissed defendants, with the dismissed defendants relinquishing possession to the trustee. The primary
