Recent Articles
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…
SLAPP: Where SLAPP Defendant Groups Were Granted Reduced Fees, Plaintiff’s Appeal About The Lower Amounts Awarded Did Not Resonate On Appeal
Lower Court Even Applied Discounted Hourly Rates Stipulated To By Defense Counsel–No Abuse of Discretion Demonstrated. In Qassimyar v. Ortega, Case No. D084317 (4th Dist.,…
Allocation, Probate, Special Fee Shifting Statutes: Where There Were Dueling Probate Petitions For Financial Elder Abuse Claims, The Prevailing Petitioner—Even Though A Cross-Respondent Defensing The Unsuccessful Elder Abuse Petition—Was Entitled To Intertwined Fee Work For Prevailing As A Petitioner And Defending As A Cross-Respondent
Other Cases In Unilateral Fee-Shifting Contexts Were Distinguishable. In Haun v. Pagano, Case No. D084385 (4th Dist., Div. 1 Jan. 18, 2026) (published), the nature…
Family Law, Sanctions: Family Law Section 271 Sanctions Of $35,000 Reversed Against Ex-Husband Because . . . .
His Failure To Stipulate Did Not Show Bad Faith Under The Circumstances And The Awarded Sanctions Were Not Tethered To Any Specific Conduct. Family Code…
Costs, Section 998: Because Defense 998 Offer Was Valid And It Defensed The Plaintiff, Routine Costs Were Allowable But Had To Be Further Reduced
After The Lower Court Erred In Not Taxing Some Routine Costs, Especially Some Conceded By The Defense As Being Erroneous, The Costs Judgment Had To…
Deadlines, Family Law: Appellate Fees Properly Denied As Untimely And Marital Settlement Agreement Fees Denied To Ex-Wife, But Needs-Based Fees Had To Be Revisited
Lack Of Family Code Section 2030 Findings Constituted An Abuse Of Discretion. In Marriage of Tran and Ha, Case No. G064047 (4th Dist., Div. 3…
Deadlines: Motion For Attorney’s Fees Was Untimely Because It Was Served More Than 180 Days After A Dismissal
4/1 DCA Clarifies Rules For Fee Motion Filing/Service Deadline Where There Is A Dismissal Based On An Unconditional Settlement In Tandem With A Court Notice….
Arbitration: Another Post-Hohenshelt Reversal For The Defense Arguably Not Paying One Invoice On Time
Although Remanded, Facts Suggested A Possible Delay Because Of A Calamity Evacuation By Defense Counsel. As we have said before, the CCP § 1281.98 defense…
SLAPP: Prevailing Defendants Properly Awarded SLAPP Fees Of $53,000, About Half Of The Requested Amount
Procedural And Excessiveness Challenges Not Successful On Appeal. Litigants and practitioners are reminded that mandatory SLAPP fees, if granted to a true prevailing defendant, are…
Discovery: $20,000 Discovery Sanctions For Litigant’s Failure To Meet And Confer On Third Party Subpoena Is Affirmed On Appeal
Substantial Evidence Supported The Result, Not To Mention A $35,000 Reduction In Requested Fees Showed No Arbitrary Result. Discovery disputes are contentious, and lower courts…
Deadlines: Failure Of Losing Plaintiff to File A Motion To Tax Trial And Appellate Costs Waived Challenges To Routine Costs Entered By The Clerk
Lower Court Implicitly Extended The Deadline When Plaintiff’s Attorney Indicated Not Receiving The Trial Cost Memorandum (Which Was Cured), With Plaintiff Also Not Showing The…
Section 1717: Where Plaintiff Pled Claims Based On Operating Agreements With Contractual Fee Clauses, It Did Not Matter If They Had Tort Origins
The Dismissed Claims Were “On The Contract” Under Civil Code Section 1717. We think that sometimes litigants and practitioners do not appreciate that Civil Code…
SLAPP: Appellant’s Reversal Of Entire SLAPP Grant Meant That Attorney’s Fees Award Had To Be Revisited Against Previously Prevailing Defendants
Unsuccessful Claim Work, Impact On Future Litigation, Issues Remaining To Be Litigated, And Whether Defendants Remain The Prevailing Parties Based On SLAPP Denial As To…
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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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SLAPP: Where SLAPP Defendant Groups Were Granted Reduced Fees, Plaintiff’s Appeal About The Lower Amounts Awarded Did Not Resonate On Appeal
Lower Court Even Applied Discounted Hourly Rates Stipulated To By Defense Counsel–No Abuse of Discretion Demonstrated. In Qassimyar v. Ortega, Case No. D084317 (4th Dist., Div. 1 Feb. 19, 2026) (unpublished), plaintiff lost a SLAPP motion brought by two sets of defendants. The merits determination was affirmed on appeal, but plaintiff also contested mandatory fee…
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Allocation, Probate, Special Fee Shifting Statutes: Where There Were Dueling Probate Petitions For Financial Elder Abuse Claims, The Prevailing Petitioner—Even Though A Cross-Respondent Defensing The Unsuccessful Elder Abuse Petition—Was Entitled To Intertwined Fee Work For Prevailing As A Petitioner And Defending As A Cross-Respondent
Other Cases In Unilateral Fee-Shifting Contexts Were Distinguishable. In Haun v. Pagano, Case No. D084385 (4th Dist., Div. 1 Jan. 18, 2026) (published), the nature of the probate proceedings looks like it drove the result in the case as far as awarding fees under the financial elder abuse statute, which only allows unilateral fee-shifting in…
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Family Law, Sanctions: Family Law Section 271 Sanctions Of $35,000 Reversed Against Ex-Husband Because . . . .
His Failure To Stipulate Did Not Show Bad Faith Under The Circumstances And The Awarded Sanctions Were Not Tethered To Any Specific Conduct. Family Code section 271 does allow for monetary “sanctions” against a family law litigant who tries to not foster resolution and makes the proceedings more expensive. However, they are not a general…