Recent Articles
Costs, Section 998: Where A Losing Cross-Defendant Was Never Served With A Section 998 Offer, Trial Court Erred In Awarding Expert Witness Expenses Against Her
Costs Recovery Was Void Under CCP § 473(d), With A Remand Ordered To See If Other Costs Were Allowable. Warren v. Shahar, Case No. B339274…
Lodestar, Substantiation Of Reasonableness Of Fees: Deed Restriction Document Gave Rise to Contractual Attorney’s Fees
$144,210 Was The Fees Award, With Attorney Declaration Of Efforts Sufficient And Rejecting The Notion That City’s Lead Counsel’s Salary Guided The Lodestar Analysis. In…
Probate: Counsel Appointed To Represent A Conservatee Pursuant To Probate Code Section 1471 Was Entitled To Conservatorship-Related Compensation ….
However, Compensation For A Civil Proceeding Separate From The Conservatorship Could Not Be Compensated Under 1471; Rather Probate Code Section 2430 Requisites Had To Be…
Special Fee Shifting Statutes: Civil Harassment Fee-Shifting Statute Does Not Require A Determination Of Either Party’s Ability To Pay Before Awarding Fees
Compared To Other Statutes, Nothing In CCP § 527.6 Requires A Needs Assessment. In States v. MacKrell, Case No. G065683 (4th Dist., Div. 3 Mar….
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Naught, Said Appellate Court In Unpublished Opinion Based On No Supporting Authority.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,…
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Costs, Section 998: Where A Losing Cross-Defendant Was Never Served With A Section 998 Offer, Trial Court Erred In Awarding Expert Witness Expenses Against Her
Costs Recovery Was Void Under CCP § 473(d), With A Remand Ordered To See If Other Costs Were Allowable. Warren v. Shahar, Case No. B339274 (2d Dist., Div. 4 Mar. 11, 2026) (unpublished) illustrates how a costs memorandum likely needs to be filed separately when there are separate parties involved and CCP § 998 offers…
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Lodestar, Substantiation Of Reasonableness Of Fees: Deed Restriction Document Gave Rise to Contractual Attorney’s Fees
$144,210 Was The Fees Award, With Attorney Declaration Of Efforts Sufficient And Rejecting The Notion That City’s Lead Counsel’s Salary Guided The Lodestar Analysis. In City of Santa Monica v. Sung, Case No. B336881 et al. (2d Dist., Div. 4 Mar. 10, 2026) (unpublished), defendant condo owner lost a declaratory relief action brought by City…
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Probate: Counsel Appointed To Represent A Conservatee Pursuant To Probate Code Section 1471 Was Entitled To Conservatorship-Related Compensation ….
However, Compensation For A Civil Proceeding Separate From The Conservatorship Could Not Be Compensated Under 1471; Rather Probate Code Section 2430 Requisites Had To Be Followed If Quasi-Contractual Recovery Was Being Sought For That Work. The Probate Code has many provisions allowing for compensation to attorneys in different contexts; however, the strictures under some of…
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Special Fee Shifting Statutes: Civil Harassment Fee-Shifting Statute Does Not Require A Determination Of Either Party’s Ability To Pay Before Awarding Fees
Compared To Other Statutes, Nothing In CCP § 527.6 Requires A Needs Assessment. In States v. MacKrell, Case No. G065683 (4th Dist., Div. 3 Mar. 9, 2026) (unpublished), after a lower court awarded $8,397.43 in attorney’s fees and costs for a request to extend a civil harassment restraining order against a litigant, the appellate court…
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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…