24 Cited authorities

  1. Nelson v. Anderson

    72 Cal.App.4th 111 (Cal. Ct. App. 1999)   Cited 284 times   5 Legal Analyses
    Finding that obligations violated by limiting plaintiff's role were owed to the corporation because the decisions "amount[ed] to alleged misfeasance or negligence in managing the corporation's business, causing the business to be a total failure"
  2. Martinez v. Brownco Construction Co., Inc.

    56 Cal.4th 1014 (Cal. 2013)   Cited 135 times   3 Legal Analyses
    In Martinez, the appellate court held when determining whether the plaintiff is the prevailing party, if costs and attorney fees are included in the Code of Civil Procedure section 998 offer, the trial court should consider the value of those costs and fees when calculating the value of the offer.
  3. Ladas v. California State Auto. Assn.

    19 Cal.App.4th 761 (Cal. Ct. App. 1993)   Cited 119 times   1 Legal Analyses
    Holding "fees are not authorized for exhibits not used at trial" under section 1033.5, subdivision
  4. Frei v. Davey

    124 Cal.App.4th 1506 (Cal. Ct. App. 2004)   Cited 83 times   1 Legal Analyses
    Holding that a party refusing a request to mediate a dispute that ripens into litigation may not recover attorney fees at the conclusion of the litigation, even if that party is the prevailing party
  5. Outboard Marine Corp. v. Superior Court

    52 Cal.App.3d 30 (Cal. Ct. App. 1975)   Cited 178 times
    Holding that the purpose of § 1782 is to "provide and facilitate pre-complaint settlements of consumer actions wherever possible" and that this can "only be accomplished by a literal application of the notice provisions"
  6. Bullis v. Security Pac. Nat. Bank

    21 Cal.3d 801 (Cal. 1978)   Cited 153 times
    Upholding award of interest running from date of each unauthorized withdrawal of funds from bank checking account
  7. El Dorado Meat Co. v. Yosemite Meat and Locker Service, Inc.

    150 Cal.App.4th 612 (Cal. Ct. App. 2007)   Cited 55 times
    Affirming trial court's allowance of costs incurred in creating an exhibit summarizing important financial data, and observing that "[t]he idea that the cost is not allowable because the exhibit could have been created using adding machines, ledger paper, and pencils instead of an electronic database is antiquated"
  8. Dominguez v. American Suzuki Motor Corp.

    160 Cal.App.4th 53 (Cal. Ct. App. 2008)   Cited 33 times
    Explaining that the Song-Beverly Act provides remedies additional to those available under the Commercial Code
  9. Whatley–Miller v. Cooper

    212 Cal.App.4th 1103 (Cal. Ct. App. 2013)   Cited 25 times   1 Legal Analyses
    Approving acceptance that included a place for the attorney's signature
  10. Benson v. Southern California Auto Sales, Inc.

    239 Cal.App.4th 1198 (Cal. Ct. App. 2015)   Cited 22 times
    Holding that trial court did not abuse its discretion by holding that a correction offer was appropriate even though it required plaintiff to release "nine different versions of the same cause of action"
  11. Section 1032 - Right of prevailing party to recover costs

    Cal. Code Civ. Proc. § 1032   Cited 1,886 times   13 Legal Analyses
    Governing awards of litigation costs other than fees
  12. Section 1033.5 - Items allowable as costs

    Cal. Code Civ. Proc. § 1033.5   Cited 1,507 times   2 Legal Analyses
    Permitting various types of service as costs
  13. Section 998 - [Effective Until 1/1/2025] Offer served prior to resolution of dispute by arbitration

    Cal. Code Civ. Proc. § 998   Cited 1,477 times   36 Legal Analyses
    Cost-shifting provision applies to a plaintiff who rejects a section 998 offer and "fails to obtain a more favorable judgment"
  14. Section 1782 - Notice and demand to correct, repair, replace or rectify goods or services

    Cal. Civ. Code § 1782   Cited 289 times   5 Legal Analyses
    Providing that no action for damages on behalf of a class of consumers may be maintained if a person alleged to have violated section 1770 shows that he or she has identified and notified the members of the class that he or she will remedy the violations upon request and he or she has ceased or will cease to engage in the violations
  15. Section 3288 - Breach of obligation not arising from contract, oppression, fraud or malice

    Cal. Civ. Code § 3288   Cited 232 times
    Setting forth prejudgment interest rules
  16. Section 3291 - Interest on damages alleged for personal injury

    Cal. Civ. Code § 3291   Cited 188 times   1 Legal Analyses
    Specifying 10 percent rate in personal injury action when a defendant rejects a settlement offer less favorable than the final judgment
  17. Section 2983.4 - Attorney's fees and costs in action on contract or purchaser order

    Cal. Civ. Code § 2983.4   Cited 63 times

    Reasonable attorney's fees and costs shall be awarded to the prevailing party in any action on a contract or purchase order subject to the provisions of this chapter regardless of whether the action is instituted by the seller, holder or buyer. Where the defendant alleges in his answer that he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for the plaintiff, the amount so tendered, and the allegation is found to be true, then the defendant is

  18. Section 2983 - Enforcement of contract in violation of sections 2981.9 and 2982

    Cal. Civ. Code § 2983   Cited 30 times
    Providing restitution for statutory violation
  19. Section 1032 - Option to demand restitution or value

    Cal. Civ. Code § 1032   Cited 25 times

    In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof in place of the product. Ca. Civ. Code § 1032 Enacted 1872.

  20. Rule 3.1700 - Prejudgment costs

    Cal. R. 3.1700   Cited 277 times

    (a) Claiming costs (1)Trial costs A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best