California Court of Appeal

After obtaining summary judgment on breach of contract claims, defendants sought reimbursement for expert witness fees, but court held that where judgment is entered for defendant on a claim for breach of contract, expert witness fees may not be awarded as an item of costs; defendant must separately plead and prove a contractual right to such fees.

Appellate Information

• Decided 04/09/2002
• Published 04/09/2002

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Porter, Scott, Weiberg & Delehant, Carl J. Calnero, Shane Singh, Sacramento, Robin E. Weideman, Walsworth, Franklin, Bevins & McCall and Jeffrey P. Walsworth, Orange, for Defendant and Appellant., Patrick C. Kerwin, Menlo Park, and Kyle G. Bach, San Francisco, for Plaintiff and Respondent.