Science Applications International Corp. v. Superior Court

Daniel E. Lungren, Attorney General, Donald R. Currier, Deputy Attorney General, Bergman & Wedner, Gregory M. Bergman, Robert M. Mason III and Kristi Sjoholm-Sierchio for Real Party in Interest.

OPINION

FROEHLICH, J. [*]

We issued an opinion earlier in the year in this action affirming the judgment except for certain costs. [1] Specifically, we reversed the attorney fees in full, but remanded the items designated "litigation expenses" for redetermination suggesting that "most if not all" of them would be disallowed as ordinary costs. On remand, the trial court awarded the bulk of the original items, not as ordinary costs but as "litigation expenses."

We hold the prevailing party in this case is not entitled to litigation expenses which represent high-powered computer support akin to paralegal services or document retrieval. We have also determined the issue is properly resolved by writ.

Science Applications International Corporation (SAIC) filed suit against the State of California Department of General Services Office of Procurement (State) for terminating a contract with SAIC to develop a computer-aided dispatch system for the California Highway Patrol (CHP). The State in…

We issued an opinion earlier in the year in this action affirming the judgment except for certain costs.* 1 Specifically, we reversed the attorney fees in full, but remanded the items designated “litigation expenses” for redetermination suggesting that “most if not all” of them would be disallowed as ordinary costs. On remand, the trial court awarded the bulk of the original items, not as ordinary costs but as “litigation expenses.”

We hold the prevailing party in this case is not entitled to litigation expenses which represent high-powered computer support akin to paralegal services or document retrieval. We have also determined the issue is properly resolved by writ.

*1099 Factual and Procedural Background

Science Applications International Corporation (SAIC) filed suit against the State of California Department of General Services Office of Procurement (State) for terminating a contract with SAIC to develop a computer-aided dispatch system for the California Highway Patrol (CHP). The State in turn cross-complained. The jury found SAIC breached the contract and awarded over $1 million in damages to the State on its cross-complaint. The trial court gave the State…

I concur completely in both the reasoning and the result reached in the majority opinion, except for part I. As to part I, I concur in the result only.