Cases: Costs

Costs: Where Successor Trustee Had To Join Parties Ultimately Dismissed To Obtain Possession Of Premises, Routine Costs Were Properly Awarded To Trustee For Activities Relating To the Dismissed Defendants

Cases: Costs

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             Successor trustee in Sutherland v. Arent, Case No. A161411 (1st Dist., Div. 1 June 14, 2022) (unpublished) was awarded costs after she finally obtained possession to a rental cabin by including dismissed defendants, with the dismissed defendants relinquishing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 […]

Costs: 9th Cir. Reverses FRCP 41(d) Fees As Costs Award For No Statutory Entitlement and No Allegations/Proof Of Bad Faith – Determining Fees Are Not Automatically Costs, But Majority Refuses To Determine If Allowed For Bad Faith/Forum Shopping

Cases: Costs

Partially Concurring/Dissenting Justice Would Vacate Costs Award And Remand To Determine If Bad Faith Existed, Wanting Ninth Circuit To Join Sister Circuits Finding That Bad Faith Can Be A Predicate For A Fees As Costs Award.             Moskowitz v. American Savings Bank, F.S.B., No. 20-15024 (9th Cir. June 10, 2022) (published) involved an interesting “attorney’s

Costs, Laffey Matrix, Reasonableness Of Fees: Losing Defendants/Cross-Complainants Properly Saddled With RFA Proof Of Sanctions Fees And Routine Costs

Cases: Costs, Cases: Laffey Matrix, Cases: Reasonableness of Fees

Prevailing Parties Requested $393,945.30 In Fees, But Only Awarded $38,920.14—A Win, But Adverse Party Still Unsuccessfully Appealed.             The next case, Duncombe v. Barfresh Food Group, Inc., Case No. B308385 (2d Dist., Div. 2 May 31, 2022) (unpublished), demonstrates an important lesson:  where you obtain a significantly diminished fee award at the trial court level,

Costs, Employment: $17,274.23 Costs To Prevailing Defendant In FEHA Case Affirmed Because Plaintiff’s Case Was Frivolous

Cases: Costs, Cases: Employment

Rosenman Written Finding Requirement Did Not Apply To Statutory Costs Award, With 2/1 DCA Articulating A Split In Thinking On The Written Requirement Dictate of Rosenman.             In Schoensiegel v. Abbott Laboratories, Inc., Case Nos. B312628/B314633 (2d Dist., Div. 1 May 24, 2022) (unpublished), plaintiff lost her FEHA action based on a successful summary judgment

Costs, Prevailing Party, Section 1717, Section 998: Fifth District Deals With Various Prevailing Party Issues For Costs And Fees Award To Litigants Who Both Claimed To Have Prevailed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Plaintiff Winning Some Money Entitled To Routine Costs, But Defense Entitled To Prevailing Party Fees And Some Other Routine Costs Relating To Fee And Expert Witness Work, Some Other CCP § 998.             Mike Murphy’s Enterprises, Inc. v. Fineline Industries, Inc., Case No. F080503 (5th Dist. Apr. 13, 2022) (unpublished) is a good opinion to

Costs, Deadlines, Requests For Admission, Section 998: 2/8 DCA Affirms Denial Of Costs Of Proof Sanctions And Untimely Fee Request, Sustains Some Costs Despite A Costs Memo Verification, And Reversed Expert Fee Award Based On Invalidity Of 998 Offer

Cases: Costs, Cases: Deadlines, Cases: Requests for Admission, Cases: Section 998

Panoply Of Issues Addressed In This One.             In Bogdan v. Polak, Case Nos. B306264/B309780 (2d Dist., Div. 8 Apr. 6, 2022) (unpublished), landlord won a gnarly retaliatory eviction lawsuit against tenant based on some nonsuits and an eventual jury trial.  In postjudgment proceedings, the lower court denied landlord’s attorney’s fees request as untimely, awarded

Costs: Trial Court’s Judgment Vacating Costs Awarded Against Gambling Licensee By The California Gambling Control Commission And Authorizing Remand To Administrative Law Judge Affirmed On Appeal

Cases: Costs

The Commission Awarded Costs To The Bureau Of Gambling Control After Concluding ALJ’s Denial Of Costs Was Based On Misinterpretation Of The Law Governing Costs Awards, But Should Have Remanded The Issue To The ALJ, And Nothing In Bus. & Prof. Code § 19930(d)(1) Prevented Trial Court From Vacating The Award And Remanding To The

Costs: 4/1 DCA, In A Majority Decision, Affirms That Deposition Costs Taken In Another Related Case, Not The Case Where Costs Are Claimed, Cannot Be Claimed As Costs

Cases: Costs

Dissent Found That Stipulation By The Parties To Use In Another Case Where Both Cases Were Pending Should Have Allowed Costs Recovery In The Case Where Costs Were Claimed.             In Anderson v. Way West, Inc., Case No. D077648 (4th Dist., Div. 1 March 14, 2022) (unpublished), majority and dissenting opinions came to different conclusions

Consumer Statutes, Costs: Recovery Of $133,239.75 In Attorney Fees, Pre-Judgment Interest And Costs Affirmed For Song-Beverly Plaintiff Who Had Paid Only $6,204.68 Under A Consumer Credit Contract.

Cases: Consumer Statutes, Cases: Costs

2/8 DCA Agreed With Pulliam That The Holder Rule Cap Does Not Preclude Recovery Of Attorney Fees And Further Determines That The Cap Does Not Preclude Recovery Of Costs, Nonstatutory Costs, Or Prejudgment Interest.             In Melendez v. Westlake Services, LLC, Case No. B306976 (2d Dist., Div. 8 January 28, 2022) (published), plaintiff who purchased

Costs: California Supreme Court Decides That Unused Trial Exhibit Copies And Demonstrative Aids Can Be Awarded As Routine Costs In The Discretion Of The Lower Court

Cases: Costs

No Categorical Grant On This Costs Category, But Discretionary Call For Lower Court.             In Segal v. ASICS America Corp., Case No. S263569 (Cal. Supreme Court Jan. 13, 2022) (published), the California Supreme Court confronted a split on appellate thinking on whether trial exhibit photocopies and demonstrative aids, not used during the trial, can be

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