8 Cited authorities

Jones v. Dumrichob
63 Cal.App.4th 1258 (Cal. Ct. App. 1998) Cited 152 times
Finding no abuse of discretion in awarding expert fees pursuant to a section 998 offer consisting of a cost waiver, but no monetary amount
Melnyk v. Robledo
64 Cal.App.3d 618 (Cal. Ct. App. 1976) Cited 157 times
Noting that "the trial court . . . is not bound by the itemization claimed in the attorney's affidavit"
Bach v. County of Butte
215 Cal.App.3d 294 (Cal. Ct. App. 1989) Cited 81 times
Affirming trial court's refusal to hold evidentiary hearing on remand where prior opinion of Court of Appeal did not direct or authorize trial court to hold such hearing
Rappenecker v. Sea-Land Service, Inc.
93 Cal.App.3d 256 (Cal. Ct. App. 1979) Cited 72 times 1 Legal Analyses
In Rappenecker v. Sea-Land Serv., Inc., 93 Cal. App. 3d 256 (1979), for example, the California Court of Appeal merely held that a stipulated judgment that was silent on costs could not be read to preclude recovery of costs by statute.
County of Kern v. Ginn
146 Cal.App.3d 1107 (Cal. Ct. App. 1983) Cited 30 times
In Ginn, the reviewing court held that the party moving to tax had failed its burden to prove the claimed deposition costs were not reasonably necessary where "[the moving party] merely alleged that the depositions were neither necessary nor reasonable under the circumstances."
Evers v. Cornelson
163 Cal.App.3d 310 (Cal. Ct. App. 1984) Cited 21 times
In Evers, plaintiff sued for damages arising out of an automobile accident and her expert spent eight and a half hours on trial preparation, which the court found was reasonable.
Brake v. Beech Aircraft Corp.
184 Cal.App.3d 930 (Cal. Ct. App. 1986) Cited 16 times
Docket No. A016288. July 25, 1986. [Opinion certified for partial publication. ] Pursuant to California Rules of Court, rule 976(b), this opinion is certified for publication with the exception of parts I-VII. Appeal from Superior Court of Santa Clara County, Nos. 364910 and C-185807, James Duvaras, Jr., Judge. COUNSEL Jerome J. Berchin, Berchin Berchin, Daniel C. Cathcart, Deborah Mitzenmacher and Magana, Cathcart, McCarthy Pierry for Plaintiffs and Appellants. William H. Owen, Owen, Melbye Rohlff
Miller v. Highland Ditch Co.
91 Cal. 103 (Cal. 1891) Cited 29 times
Department Two Appeal from an order of the Superior Court of San Bernardino County refusing to retax costs. COUNSEL The item of the sum paid for the map should have been stricken from the cost-bill. (Mark v. City of Buffalo , 87 N.Y. 189; Faulkner v. Hendy , 79 Cal. 265; Haynes v. Mosher, 15 How. Pr. 218; Hannel v. Dare, 9 Bosw. 648.) The motion to tax costs by the defendants made it the duty of the court as to each disputed item, if not as to all items, to require the plaintiff to show that the

Order

8 Cited authorities

Finding no abuse of discretion in awarding expert fees pursuant to a section 998 offer consisting of a cost waiver, but no monetary amount

Noting that "the trial court . . . is not bound by the itemization claimed in the attorney's affidavit"

Affirming trial court's refusal to hold evidentiary hearing on remand where prior opinion of Court of Appeal did not direct or authorize trial court to hold such hearing

In Rappenecker v. Sea-Land Serv., Inc., 93 Cal. App. 3d 256 (1979), for example, the California Court of Appeal merely held that a stipulated judgment that was silent on costs could not be read to preclude recovery of costs by statute.

In Ginn, the reviewing court held that the party moving to tax had failed its burden to prove the claimed deposition costs were not reasonably necessary where "[the moving party] merely alleged that the depositions were neither necessary nor reasonable under the circumstances."

In Evers, plaintiff sued for damages arising out of an automobile accident and her expert spent eight and a half hours on trial preparation, which the court found was reasonable.