Legal Question in Personal Injury in California
recovering court costs
My husband and I won a summary judgement, and had our
case dismissed. How do I recover the court costs from
the suit. And, Is it true that the plaintiff can
appeal the judgement to get you to drop the recovery
of the court co
2 Answers from Attorneys
Re: recovering court costs
You have thirty days to file a cost bill. Yes, the other side can always file a Notice of Appeal, and any cost judgment is stayed pending the appeal. The appeal can, of course, lead to a reversal of the judgment, and especially a summary judgment, since courts prefer for cases to be decided by a trier of facts, and parties to be permitted their day in court. It is the reason trial courts are loath to grant motions for summary judgment. If you and the court were correct that there was no triable issue of fact and based upon the established facts you were entitled to win, you can feel assured of prevailing on appeal. After all, very few appeals result in reversal. You might have to wait for your costs, however.
Re: recovering court costs
You can make a motion, with strict time requirements, for costs.
Also you may have a malicious prosecution case.
Joel Selik
800-894-2889
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