September 2009

Prevailing Party In Discrete Proceeding: Dismissal Of Action So Matter Can Be Arbitrated Entitles Defendant To Fee Award Under Civil Code Section 1717

Cases: Prevailing Party

Fourth District, Division 2 Likes Profit Concepts Management Reasoning.      Our inaugural post way back in May 2008 discussed Profit Concepts Management., Inc. v. Griffith, 162 Cal.App.4th 950 (2008) [one of our Top 10 Cases of 2008]. This case held that a victor on a motion to quash for lack of personal jurisdiction—even though further […]

COPYRIGHT: Ninth Circuit Affirms $338,493.97 In Attorney’s Fees Awarded To Copyright Plaintiff Obtaining But $34,875.97 In Compensatory Damages

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Dissenting Circuit Judge Intimates No Fees Were Deserved Based on Scathing Comments of District Judge.      Just to show you how attorney’s fees make the world go round and affirm our Mission Statement that they are often a controversial (and determinative) factor in commercial litigation, we have decided to do a quick synopsis of an

Family Law Awards: Punishment For Any Technical Violations In “Needs Based” Award Proceeding May Depend On Whether You Are Represented Or Not

Cases: Family Law

Second District, Division 1 Finds Unrepresented Wife Did Provide Adequate Financial Information, Whereas Represented Husband’s Failure to File Income and Expense Declaration Was Consequential.      The next case illustrates that appellate court’s willingness to excuse technical violations may depend on whether the litigant is represented by counsel or representing himself/herself.      In Marriage of Sherman,

Postjudgment Attorney’s Fees: “Fees on Fees” Must Be Claimed In Attorney’s Fees Hearing Before Trial Court … Appellate Court Rejects Awarding Them After Fee Claimant Wins on Appeal

Cases: Deadlines

  Fourth District, Division 3 So Holds in Unpublished Decision.      The lesson from the next case for litigants seeking attorney’s fees is to make sure your time for bringing the fee petition (called “fees on fees,” and usually compensable) is made timely before the trial court hearing the fee motion. If you wait and

California Public Records Act: Court Of Appeal Affirms Denial Of Fees To CPRA Petitioner

Cases: Special Fee Shifting Statutes

Causation Issue Is Decided Under Substantial Evidence Review Standard.      The next case involves a dispute under the California Public Records Act (CPRA), which does allow recovery of fees by a “prevailing” plaintiff. (Gov’t Code, § 6259(d).) The next case, where a CPRA petitioner was denied fees, demonstrates two things: (1) how government entities should

POOF!: Arbitration and CEQA Fee Awards Fall With Reversal of Underlying Matters

Cases: Arbitration, Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

Two Appellate Courts Show That Fees May Rise and Fall With Later Dispositions. Arbitration—Burlage v. Superior Court, Case No. B211431 (2d Dist., Div. 6 Aug. 31, 2009) (certified for publication)      This case is going to attract attention, because Presiding Justice Gilbert (author of a 2-1 majority opinion) has taken on the principle that Moncharch

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