§Why CasetextPricing

The Spartan associates, Inc. vs. Gary Humphreys

Motion to Strike or Tax Costs

9 Cited authorities

  1. Goodman v. Lozano

    47 Cal.4th 1327 (Cal. 2010)   Cited 349 times
    Holding that where a plaintiff's prior settlement exceeds the award received at trial, plaintiff's net monetary recovery is zero and does not compel the trial court to designate such party as a prevailing party

  2. Reynolds Metals Co. v. Alperson

    25 Cal.3d 124 (Cal. 1979)   Cited 656 times   1 Legal Analyses
    Holding plaintiff liable for attorney's fees incurred by defendant in prevailing on defense of plaintiff's contract claims, where contract provided only for attorney's fees to plaintiff for collection of a promissory note

  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. Wakefield v. Bohlin

    145 Cal.App.4th 963 (Cal. Ct. App. 2006)   Cited 75 times   1 Legal Analyses
    In Wakefield v. Bohlin (2006) 145 Cal.App.4th 963, 975–977 (Wakefield), the court explained that prevailing parties are classified into two distinct groups.

  5. 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"

  6. Great Western Bank v. Converse Consultants, Inc.

    58 Cal.App.4th 609 (Cal. Ct. App. 1997)   Cited 32 times
    Concluding the trial court did not abuse its discretion in declining to award costs to prevailing party for models, blowups, and photocopies of exhibits where good faith settlement was reached just prior to the commencement of trial

  7. Oak Grove School Dist. v. City Title Ins. Co.

    217 Cal.App.2d 678 (Cal. Ct. App. 1963)   Cited 93 times
    In Oak Grove SchoolDist. v. City Title Ins. Co. (1963) 217 Cal.App.2d 678 [ 32 Cal.Rptr. 288] defendants claimed costs and disbursements under Code of Civil Procedure section 1255a after the plaintiff school district abandoned its eminent domain proceeding.

  8. Section 1034 - Prejudgment costs

    Cal. Code Civ. Proc. § 1034   Cited 218 times

    (a) Prejudgment costs allowable under this chapter shall be claimed and contested in accordance with rules adopted by the Judicial Council. (b) The Judicial Council shall establish by rule allowable costs on appeal and the procedure for claiming those costs. Ca. Civ. Proc. Code § 1034 Repealed and added by Stats. 1986, Ch. 377, Sec. 15.

  9. 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