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Lodestar: Do Awards to Government Attorneys Have To Match Their Salaries …
Naught, Said Appellate Court In Unpublished Opinion Based On No Supporting Authority. We do not know if this means much, but maybe for governmental attorneys…
Appeal Sanctions: $5,000 Was The Appellate Sanctions For AI Hallucination Transgressions
Another Published Opinion In This Area—Be A Human, Read, Check, And Verify AI Research. In re the Domestic Partnership of Campos & Munoz, Case No….
Probate: Trustee Found Liable For Misappropriating Property Was Properly Assessed A Two-Fold Civil Penalty, As Well As Hit With Reasonable Attorney’s Fees And Costs
Probate Code Section 859 Was The Penalty And Fees/Costs Entitlement Statute. In a very sad set of facts, but ones under which beneficiaries prevailed against…
Arbitration: Even With Qualifying Language Found Insufficient, Fees And Costs Provisions In The Employment Agreement Were Found Substantively Unconscionable
However, Remand Was Ordered To See If Severance Could Allow Arbitration To Proceed. In Foster v. Liberty Military Housing Holdings, LLC, Case No. D085268 (4th…
Private Attorney General: CCP § 1021 Catalyst Fee Recovery Not Available To Plaintiffs Where The Other Side Voluntarily Provided Relief Only After Plaintiffs Had Lost Relief In A Prior Merits Judgment
Case Found That Plaintiffs Could Not Meet The Successful Parties Element, Even Under A Catalyst Theory. In Physicians for Social Responsibility – L.A. v. Dept….
Prevailing Party: Where Plaintiff Through A Settlement Obtained A Rescission And Partial Restitution Of Prejudgment Interest, The Lower Court Properly Denied Attorney’s Fees Under A Contractual Fees Clause Because A Mixed Result Occurred
$800,000 Fee Request Denied, With The Appellate Court Observing That The Result Could Have Gone The Other Way—But Discretion Is Involved When One Side Does…
Arbitration, Homeowner Associations: Given That Homeowner Claims Arose From Governing Documents, An Adverse $254,815.53 Fee/Costs Award Was Affirmed After HOA Prevailed At An Arbitration
A Broad By-Law Fees/Cost Clause, The Davis-Stirling Act, And JAMS Cost Provision Amply Justified The Arbitration Award Which Was Confirmed As A Judgment. The next…
Appeal Sanctions, Sanctions: Meritless Appeal Resulted In $13,000 Sanctions Award, Payable To The Appellate Clerk
Appeal Involved Review Of A CCP § 128.7 Sanctions Order Below. In Dunn Investment Properties, Inc. v. Johnson, Case Nos. B339562 et al. (2d Dist.,…
Equity, Section 998, Settlement: Trial Court’s Refusal To Vacate A Judgment Based On 998 Offers Allegedly Not Consented To By Plaintiff’s Counsel Was Reversed On Appeal
Lower Court Did Not Evaluate Under Inherent Authority Of The Court Standards, So A Revisit Was In Order. In Chen v. Asian Square, Inc., Case…
Arbitration: Another Post-Hohenshelt Trial Court Decision On Missed Payment And Sanctions Was Reversed And Remanded
Trial Judge Needed To Assess Culpability And Whether Missed Payment Was Excusable. In Aqua Blue Constr., Inc. v. Goshorn, Case No. B338632 (2d Dist., Div….
Bankruptcy, Reasonableness Of Fees, Section 1717: Non-Debtor And Debtor Were Not Subject To The Automatic Stay Where A Non-Debtor Was Involved And Debtor Was The Only Prosecuting The Case With An Adverse Fee Award
Appellate Court Did Remind Counsel They Need To Notify Courts About Bankruptcy Filings Which Might Implicate Whether The Stay Is In Place. Navellier v. Putnam,…
Lodestar: Ninth Circuit Determines That Size Of The Law Firm Alone Should Not Compel A Reduction In An Attorney’s Fees Award
The Winning Attorneys In A 4-Man Firm Had An Impressive Robison-Patmas Act Litigation Record. In L.A. Int’l Corp. v. Prestige Brands Holdings, Inc., Case Nos….
Section 1717: Settlement Agreement With Fees Clause, Incorporated Into A Subsequent Judgment, Does Allow For Fee Recovery
Fifth District So Holds In A Contentious Matter. The Fifth District, in Wash v. Wash, Case Nos. F084442/F084443 (5th Dist. Feb. 23,, 2026) (unpublished), confirmed…
Reasonableness Of Fees: Court Of Appeal Reversed And Remanded A 50% Haircut For Further Explanation Where There Was A Civil Code § 1717 Basis For Fees
There Needed To Be More Explanation For The Fee Reduction. Unfortunately, there is no bright-line rule relating to lower court fee “haircuts” at the state…
Special Fee Shifting Statutes: Award Of Fees Under Civil Code Section 3496 Against City Of El Monte Was Affirmed On Appeal
Procedural Challenge Did Not Prevail. In City of El Monte v. Lincoln, Case No. B344087 (2d Dist., Div. 2 Feb. 23, 2026) (unpublished), City lost…
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Appeal Sanctions: $5,000 Was The Appellate Sanctions For AI Hallucination Transgressions
Another Published Opinion In This Area—Be A Human, Read, Check, And Verify AI Research. In re the Domestic Partnership of Campos & Munoz, Case No. D085584 (4th Dist., Div. 1 Mar. 5, 2026) (published) is post-worthy because it builds on prior cases and imposed $5,000 in appeal sanctions, payable to the appellate clerk, for filing…
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Probate: Trustee Found Liable For Misappropriating Property Was Properly Assessed A Two-Fold Civil Penalty, As Well As Hit With Reasonable Attorney’s Fees And Costs
Probate Code Section 859 Was The Penalty And Fees/Costs Entitlement Statute. In a very sad set of facts, but ones under which beneficiaries prevailed against a misappropriating trustee, the lower court in Moramarco v. Nowakoski, Case No. E084620 (4th Dist., Div. 2 Mar. 5, 2026) (unpublished), following a State Bar disbarment/restitution order because trustee was…
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Arbitration: Even With Qualifying Language Found Insufficient, Fees And Costs Provisions In The Employment Agreement Were Found Substantively Unconscionable
However, Remand Was Ordered To See If Severance Could Allow Arbitration To Proceed. In Foster v. Liberty Military Housing Holdings, LLC, Case No. D085268 (4th Dist., Div. 1 Mar. 4, 2026; posted Mar. 5, 2026) (unpublished), an employment agreement had an arbitration clause with the following fees and costs provisions: “If required by law applicable…
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Private Attorney General: CCP § 1021 Catalyst Fee Recovery Not Available To Plaintiffs Where The Other Side Voluntarily Provided Relief Only After Plaintiffs Had Lost Relief In A Prior Merits Judgment
Case Found That Plaintiffs Could Not Meet The Successful Parties Element, Even Under A Catalyst Theory. In Physicians for Social Responsibility – L.A. v. Dept. of Toxic Substances Control, Case No. C100487 (3d Dist. Mar. 4, 2026) (published), the appellate court affirmed a denial of private attorney general fees, under a catalyst theory, where the…
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Prevailing Party: Where Plaintiff Through A Settlement Obtained A Rescission And Partial Restitution Of Prejudgment Interest, The Lower Court Properly Denied Attorney’s Fees Under A Contractual Fees Clause Because A Mixed Result Occurred
$800,000 Fee Request Denied, With The Appellate Court Observing That The Result Could Have Gone The Other Way—But Discretion Is Involved When One Side Does Not Knock It Completely Out Of The Park. Hakim-Baba v. Desai, Case No. H050787 (6th Dist. Mar. 4, 2026) (unpublished) was a messy case where plaintiff primarily sought to rescind…