Recent Articles
Special Fee Shifting Statutes (Ordinance): Prevailing Party City Of South Gate’s $99,370.50 Fee Award On A Public Nuisance Cross-Claim Under A First Amended Cross-Complaint Is Affirmed On Appeal
South Gate Did Not Need To Pray For Fees In The Initial Cross-Complaint Not Including A Public Nuisance Cross-Claim—The First Amended Cross-Complaint Was The Trigger,…
Sanctions: 2/1 DCA Agrees With Other Divisions Of The Second District That A CCP § 128.7 Unfiled Sanctions Motion Must Have A Motion Hearing Date To Be Valid
It Acknowledges A Contrary First District Decision, But Agrees With The Result Reached By Other Sister Divisions Of The Second District. In Max v. 8E6…
Family Law: Ex-Wife’s Failure To Prevail In Contempt Proceedings Did Not Bar Family Code § 271 Sanctions Awards To Ex-Husband
The Statutes Serves Separate Policy Purposes, Such That They Can Be Concurrently Applied In Dissolution Proceedings. Arora v. Arora, Case No. D086321 (4th Dist., Div….
Homeowner Associations, Prevailing Party: Why Published? Because The Opinion Established That Generic Prevailing Party Statement In A Judgment Does Not Establish Fee Entitlement
That Determination Depends On A Future Fee Motion On Whether Entitlement Is Established—Not So, Ultimately In This Case. In WCST Enterprises, LLC v. Ling, Case…
Trade Secrets: Texas District Court Judge Issues $15.3 Million Attorney’s Fees Award To Prevailing Plaintiff In A Defend Trade Secrets Act Case
Plaintiff Won Compensatory Damages Of $168.5 Million, With The Merits Judgment Sustained After SCOTUS Refused To Grant A Certiorari Petition. At the federal level, the…
Ethics, Retainer Agreements: New California Ethics Opinion Under Consideration Addresses Whether “Conversion Clauses” In Contingency Agreements Are Ethically Permissible
Unfairly Shackling Client On Key Decisions And Unconscionable Arrangements Likely Will Be Under Scrutiny. Although it has not yet been adopted and remains open for…
Consumer Statutes, Section 998: Where Contextual Reading Of Defense 998 Offer In Lemon Law Case Showed Defense Beat The Ultimate Judgment Based On Offer Terms, Matter Had To Be Remanded To Have Trial Judge Determine Preoffer And Postoffer Costs Due To Each Side
998 Offer Allowed For Costs/Fees to Plaintiff, Such That This Could Not Be “Double Dipped” Added To The Base 998 Offer Amount; Otherwise, Duplication Existed….
Lodestar, Multipliers, Prevailing Party, Special Fee Shifting Statutes: Where Prevailing Plaintiff Won Substantial Trial And Appellate Victories On The Scope Of Penal Code Section 496(c), Substantial Fee Award Was Affirmed On Appeal With A Minor Remand Issue
Lodestar, Not Contingency Fee Agreement Amount, Governed Work On Section 496(c) Work, Requiring A Remand On That Sole Issue. Siry Investments, L.P. v. Farkhondehpour, Case No….
Construction: Where General Contractor And Property Owner Obtained Lower Court Order Clarifying The Impact Of A Mechanic’s Lien Release Bond, The Lower Court Erred In Assessing Attorney’s Fees Of $4,250 Against Subcontractor Lien Claimant
Nothing In The Civil Code Provided Fee Entitlement. In T McGee Electric, Inc. v. FH II Homebuilders, Inc., Case No. D088372 (4th Dist., Div. 1…
Hourly Rates: LegalCostGuides.com Reports That Clio Benchmark For California Attorneys Is $422 Per Hour Statewide
However, Rates Are Higher In Coastal Areas Versus More Agricultural Areas. Javi Perez, in a June 2026 post on LegalCostGuides.com, has reported that the 2026…
Prevailing Party, Special Fee Shifting Statutes: Petitioner Physician Failing To Prevail On Peer Review Suspension Proceedings Under Business And Professions Code Section 809.9 Properly Was Assessed With Non-Prevailing Party Attorney’s Fees As Against Defendants
Failure To Exhaust Administrative Remedies Did Give Rise To Fee Exposure, Because the Petition Was Frivolous In Nature. In the last few days, we have…
Section 998: Defendant Correctly Granted A Motion For Judgment Notwithstanding The Verdict In An Asbestos Personal Injury Case Was Properly Awarded Expert Witness Fees And Other Costs As Against Plaintiffs Based On Successful Section 998 Offer
Dismissal With Waiver Of Costs Was A Valid And Reasonable Good Faith Offer Under The Circumstances. In Collantes v. Union Carbide Corporation, Case Nos. B335555/B338371 (2d…
Nonsignatories, Reasonableness Of Fees, Section 1717: $313,830 Contractual Fee Award Under Medical Center’s By-Laws Affirmed On Appeal Against Plaintiff Physician
Section 1717 Was Not Preempted By Business And Professions Code Section 809.1, With Plaintiff’s Wife Not Liable For Fees And With Reductions In Fees Sustained…
Off Topics: Study Of Attorney’s Fees Awards In Settlements Of Parallel Securities Derivative Actions, From 2019 Through The First Half Of 2026, Provides Some Interesting Statistical Information
Fee Awards In Settlements With No Monetary Component Were Lower. Cornerstone Research, drawing from a variety of sources relating to settlements in parallel securities derivative…
Costs, Section 998: Last Offer Rule Applies In Gauging Whether Plaintiff Prevailed After A Trial Ruling
This Rule Prevents Gamesmanship And Mischief, According To The Court Of Appeal. Meehan v. Aguirre, Case No. B343396 (2d Dist., Div. 3 Sept. 15, 2026)…
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Special Fee Shifting Statutes (Ordinance): Prevailing Party City Of South Gate’s $99,370.50 Fee Award On A Public Nuisance Cross-Claim Under A First Amended Cross-Complaint Is Affirmed On Appeal
South Gate Did Not Need To Pray For Fees In The Initial Cross-Complaint Not Including A Public Nuisance Cross-Claim—The First Amended Cross-Complaint Was The Trigger, Which Did Include A Public Nuisance Claim And Prayer For Fee Recovery. After winning a summary adjudication motion on a First Amended Cross-Complaint including a public nuisance cross-claim (which was…
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Sanctions: 2/1 DCA Agrees With Other Divisions Of The Second District That A CCP § 128.7 Unfiled Sanctions Motion Must Have A Motion Hearing Date To Be Valid
It Acknowledges A Contrary First District Decision, But Agrees With The Result Reached By Other Sister Divisions Of The Second District. In Max v. 8E6 Corp., Case No. B344025 (2d Dist., Div. 1 Sept. 29, 2026) (unpublished), the 2/1 DCA agreed with its sister divisions in Galleria Plus, Inc. v. Hanmi Bank, 179 Cal.App.4th 535,…
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Family Law: Ex-Wife’s Failure To Prevail In Contempt Proceedings Did Not Bar Family Code § 271 Sanctions Awards To Ex-Husband
The Statutes Serves Separate Policy Purposes, Such That They Can Be Concurrently Applied In Dissolution Proceedings. Arora v. Arora, Case No. D086321 (4th Dist., Div. 1 Sept. 28, 2026) (unpublished) involved a clash between two schemes, contempt proceedings and Family Code section 271 sanctions, with ex-wife arguing that that her failure to prevail in earlier…
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Homeowner Associations, Prevailing Party: Why Published? Because The Opinion Established That Generic Prevailing Party Statement In A Judgment Does Not Establish Fee Entitlement
That Determination Depends On A Future Fee Motion On Whether Entitlement Is Established—Not So, Ultimately In This Case. In WCST Enterprises, LLC v. Ling, Case No. G065236 (4th Dist., Div. 3 Sept. 28, 2026) (published), the dispute involved neighbors quarreling over the rights to a parking space in a condominium complex—but essentially was a quiet…
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Trade Secrets: Texas District Court Judge Issues $15.3 Million Attorney’s Fees Award To Prevailing Plaintiff In A Defend Trade Secrets Act Case
Plaintiff Won Compensatory Damages Of $168.5 Million, With The Merits Judgment Sustained After SCOTUS Refused To Grant A Certiorari Petition. At the federal level, the Defend Trade Secrets Act has a fee-shifting provision which basically allows a prevailing plaintiff to seek recovery of discretionary attorney’s fees from a district court if the trade secret misappropriation…
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Ethics, Retainer Agreements: New California Ethics Opinion Under Consideration Addresses Whether “Conversion Clauses” In Contingency Agreements Are Ethically Permissible
Unfairly Shackling Client On Key Decisions And Unconscionable Arrangements Likely Will Be Under Scrutiny. Although it has not yet been adopted and remains open for public comment, the California State Bar’s Standing Committee on Professional Responsibility and Conduct has issued Formal Opinion Interim No. 20-0005. The proposed opinion addresses when “conversion clauses” in California contingency…