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Employer's arbitration clause was unenforceable because it was unconscionable.  The clause was a mandatory, non-negotiable requirement of employment.  It was procedurally unconscionable because it was given to plaintiff only in English, which he cannot read, and without a schedule of the arbitration fees he could be charged.  It was substantively unconscionable because it allowed the arbitrator to shift attorney fees… Read More

The trial court did not abuse its discretion in awarding costs against plaintiff under CCP 2033.420 for having denied defendant's requests of admission regarding the breach of oral promise claim alleged in the complaint.  The evidence at trial showed that plaintiff could not have maintained a good faith belief, at the time he denied those requests, that he would prevail… Read More

While CCP 1033.5(b)(3) generally disallows an award of costs for the expense of photocopying, section 1033.5(a)(13) allows an award of costs for preparation of exhibits "if reasonably helpful to aid the trier of fact."  This decision holds that "trier of fact" refers to any resolution by judge or jury of facts, whether on motion or at trial.  So the cost… Read More

Gov. Code 12965(b) is an exception to the normal cost provisions of CCP 1032.  Hence, when, as in this case, the plaintiff loses her FEHA claims but prevails on other claims, she is not entitled to recover costs incurred solely in relation to the FEHA claims.  Also, since the total recovery in this case was less than the amount that… Read More

Under Fed. R. App. 39(a), the Court of Appeals determines which party is the prevailing party entitled to an award of costs on appeal, and it may, in its discretion, order that the prevailing party recover only some of the normally awardable costs on appeal.  Under Fed. R. App. 39(e), costs for preparing and transmitting the record and appellate transcripts… Read More

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