Jensen v. BMW of North America, Inc.
35 Cal.App.4th 112 (Cal. Ct. App. 1995) Cited 232 timesHolding that by including "expenses" in the Song Beverly Act's cost provision, the Legislature intended that the provision would not be limited to the costs that are available under Cal. Code Civ. Proc. Section 1033,5, which defines the items that are generally available to prevailing parties
Murillo v. Fleetwood Enterprises, Inc
17 Cal.4th 985 (Cal. 1998) Cited 190 times 1 Legal AnalysesHolding the Act should be interpreted to support its remedial purpose
EnPalm, LLC v. Teitler
162 Cal.App.4th 770 (Cal. Ct. App. 2008) Cited 141 timesHolding trial court has discretion to reduce fees awarded "to the extent they were unnecessary"
Arntz Contracting Co. v. St. Paul Fire & Marine Ins. Co.
47 Cal.App.4th 464 (Cal. Ct. App. 1996) Cited 170 timesHolding that "bad thoughts are no tort" and that "our focus for determining the wrongfulness of those intentional acts should be on the defendant's objective conduct," (citing Boyson v. Thorn, 98 Cal. 578, 33 P. 492 (1893), and Justice Mosk's concurrence in Della Penna); Korea Supply Co., 109 Cal.Rptr.2d at 427
Ripley v. Pappadopoulos
23 Cal.App.4th 1616 (Cal. Ct. App. 1994) Cited 64 timesHolding that Federal Express charges are expressly disallowed—presumably because they constitute "postage"
Foothill-De Anza Community College Dist. v. Emerich
158 Cal.App.4th 11 (Cal. Ct. App. 2007) Cited 37 times 1 Legal AnalysesRestricting the vote on a community college bond measure to residents had a rational basis; there was a probability that "local residents had a greater knowledge and interest in local affairs, while nonresident property owners would mainly be interested in lower taxes"
Molski v. Arciero Wine Group
164 Cal.App.4th 786 (Cal. Ct. App. 2008) Cited 30 times 1 Legal AnalysesUpholding awarding of fees to prevailing defendant on disability access claims
Bussey v. Affleck
225 Cal.App.3d 1162 (Cal. Ct. App. 1990) Cited 41 timesIn Bussey v. Affleck, 225 Cal. App. 3d 1162, 1166 (1990), the California Court of Appeal (Fourth District) held that where a contract provides for payment of costs and attorney's fees, expert witness fees and photocopying charges are recoverable as attorney's fees if they represent an expense ordinarily billed to a client and not included in the overhead component of the attorney's hourly rate.
Hadley v. Krepel
167 Cal.App.3d 677 (Cal. Ct. App. 1985) Cited 49 timesIn Hadley, the trial court ordered a significantly reduced amount of contractual attorney fees and costs to the prevailing defendant upon hearing the plaintiff's motion to tax costs; it reduced the fees even lower than the plaintiff requested in the motion.
Oak Grove School Dist. v. City Title Ins. Co.
217 Cal.App.2d 678 (Cal. Ct. App. 1963) Cited 93 timesIn 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.
Section 1032 - Right of prevailing party to recover costs
Cal. Code Civ. Proc. § 1032 Cited 1,888 times 13 Legal AnalysesGoverning awards of litigation costs other than fees
Rule 3.1700 - Prejudgment costs
Cal. R. 3.1700 Cited 278 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