Costs/POOF!/Family Law: Trifecta Of Appellate Decisions For 9/16/14

 

Raceway Ford Cases, Case Nos. E054517/E056595 (4^th Dist., Div. 2 Sept. 16, 2014) (published)

     In this one, the defense—except for one fraud claim as to one plaintiff—waxed plaintiffs bringing various consumer and unfair competition claims. Defendants’ reward was a $1,503,084.50 fee recovery under various statutes. However, that went POOF! on appeal when several of the claim adjudications were reversed after a bench trial. The reversals meant the fee recovery had to reevaluated down the line.

Marriage of Cross and Melim, Case No. H039666 (6^th Dist. Sept. 16, 2014) (unpublished)

     The family law judge hit an ex-wife with $3,537 fees under the Family Code section 271 sanctions statute. This award was found to be no abuse of discretion on appeal, because the record showed ex-wife had underestimated her income and had not shared emails showing she had bought Gucci/Louis Vuitton/2012 Raiders season tickets.

Farmers Ins. Exch. V. Karnazes, Case No. A138999 (1^st Dist., Div. 5 Sept. 16, 2014) (unpublished)

     A lower court denied a motion to tax costs by a defendant in an interpleader action. Appellant tried to argue that an “each side will bear their own costs and fees” clause in a settlement agreement bound a nonparty to agreement, an argument not liked by the appellate court. Also, appellant presented “only a barrage of conclusory assertions” rather than reasoned arguments about the alleged impropriety of certain costs, which again did not impress the reviewing court.