Fees Were Not Allowable Without A Fees Motion; Costs Were Not Allowable Because Failure To Use Judicial Council Worksheet Gave No Basis For A Conclusion On Whether The Costs Were Reasonable, In Response To Defendant’s Motion To Tax Costs.
Pelloni v. Mirshahi, Case Nos. B336950 et al. (2d Dist., Div. 4 Mar. 17, 2026) (unpublished) has two object lessons for a plaintiff prevailing on the merits: (1) if you are claiming attorney’s fees, you must file a fee motion and not just include a request in a costs memorandum; and (2) if you are claiming routine costs, you need to include the Judicial Council worksheet to give the trial and appellate courts some indication that the litigation costs were necessary/reasonable per the CCP costs statute.
Plaintiff prevailed on both equitable and legal claims, garnering compensatory damages of $500,000. Plaintiff then filed a costs memorandum, barebones, asking for attorney’s fees of $577,513.79 and routine costs of $3,129.35, with the lower court denying defendant’s motion to tax costs.
Defendant’s appeal on the fee/costs award was a good move to make. The routine costs award was reversed as a matter of law because the lack of a Judicial Council worksheet with Plaintiff’s cost memorandum left the lower court without a basis for finding that the costs were reasonably necessary for the litigation. With respect to fees, Plaintiff did not file a motion for attorney’s fees, not explaining how fees were authorized. The order denying the motion to tax costs was reversed, such that $580,643.14 went POOF! on appeal. However, the $500,000 merits judgment stayed intact.