Legal Question in Civil Litigation in California

Defendant was denied MSJ and a trial date was set. The defendant then appealed the MSJ and was denied. Two months prior to trial date, defendant filed a new MSJ (plaintiff is now pro se) and it was granted. Does the memorandum of costs cover just the costs and fees associated with the new MSJ or can they include costs associated with the previous MSJ and Appeal (which, again, they were denied)?


Asked on 7/10/14, 11:27 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You have a Texas zip code, and it is not clear why you have posted in California's category.

In California, the appellate opinion and remittitur will state which party is entitled to recover costs, if any. The party that prevails on appeal generally has costs awarded in their favor.

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Answered on 7/29/14, 9:34 am


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