Appellate Court Did Modify Judgment To Exclude UPS Services And Copy Of Amended Summons Expense Recoupment As Routine Costs.
In Lepe v. Luft Enterprises, Case No. E067382 (4th Dist., Div. 2 May 10, 2018) (unpublished), three plaintiffs won wage/hour awards against the defendant to the tune of $140,016. They then moved for fees and costs under FEHA as the prevailing parties. They requested $66,656.65 in fees and were awarded $44,437.50. The trial judge did award all of the requested costs of $3,411.37.
Nothing changed much after the defense appeal was decided.
The 4/2 DCA determined that the filing of the fee motion before judgment, although premature, did not retard its timeliness. As far as the reasonableness of the fees awarded, the defense failure to make specific challenges basically forfeited the argument. The trial judge did reduce the hourly rate claimed from $450 to $300, which showed discretion was exercised. Finally, with respect to costs, the appellate panel struck $130.96 from the judgment for inclusion of prohibited UPS and copy of amended summon expenses (CCP § 1033.5(b)(3)), although it did find that recovery of CourtCall and First Legal Same Day Filing services were proper.