February 2010

Private Attorney General Fee Award: $423,975 Award In First Impression Case Of Difficulty Affirmed

Cases: Lodestar, Cases: Multipliers, Cases: Private Attorney General (CCP 1021.5)

  First District, Division 1 Rejects State’s Challenges to Amount of Fee Award.      In an earlier appeal, certain plaintiffs successfully enjoined enforcement of certain legislation allowing for incarceration for drug-related probations violations because such a sanction was inconsistent with Proposition 36 (the Substance Abuse and Crime Prevention Act of 2000). Plaintiffs also successfully defended […]

SLAPP: Reversal of SLAPP Grant On Two Out Of Four Claims Required Reconsideration of Fee Award

Cases: SLAPP

First District, Division 1 Does Reject That Insurance Defense Counsel Cannot Seek Fee Recovery.      In Roeder v. Gardner, Case No. A123864 (1st Dist., Div. 1 Feb. 22, 2010) (unpublished), defendant—through insurance defense counsel—obtained an anti-SLAPP strike of four causes of action out of eight. The trial court awarded $9,325 in mandatory attorney’s fees and

In The News . . . . Class Action Attorneys For Black Farmers May Get A Substantial Fee Recovery

Cases: Class Actions, In The News

$1.25 Billion Settlement Yields Potential Fee Recovery of 4 to 7 %      The U.S. Government announced a tentative $1.25 billion ($1,250,000,000) settlement to resolve a racial discrimination action by black farmers who were denied access to USDA loan programs and denied participation in an earlier class action settlement. Although still subject to congressional authorization

Arbitration: $12.3 Million Compensatory Award And $6.7 Million in Fees, Costs, And Interest Additional Award Affirmed On Appeal

Cases: Arbitration, Cases: Deadlines

Second District, Division 8 Does Find Procedural Issue Might Deserve Supreme Court Review, But Affirms Merits Awards.      In Oaktree Capital Management, L.P. v. Bernard, Case No. B207865 (2d Dist., Div. 8 Feb. 22, 2010) (certified for publication), arbitration awards of $12.3 million for lost management fees and $6.7 million in attorney’s fees, costs, and

Civil Rights: EEOC Stung With $4,560,285.11 Fee/Costs Award In Title VII Section Suit Found To Be Groundless By Iowa U.S. District Judge

Cases: Civil Rights, Cases: Costs, Cases: Lodestar, Cases: Special Fee Shifting Statutes

Court Discusses Substantive Fee Shifting Statute, Lodestar Factors, and Non-Cost Expense Reimbursement Issues in Recent Decision.       EEOC v. Boot, Case No. 07-CV-95-LLR (N.D. Iowa Feb. 9, 2010 Order), is an unusual decision where a United States district judge awarded $4,560,285.11 in fees and costs (broken down as $4,004,371.65 in fees, $463,071.25 in “non-cost”

Family Law: Fee Award Against Maternal Grandparents Financing Daughter’s Custody Fight Was Not Proper When Grandparents Were Not Seeking Custody In California Proceeding

Cases: Family Law

Fact that Grandparents Sought Custody in Mexico and Financed Daughter’s California Efforts Did Not Support Fee Award Against Them.      This next case involved a child custody imbroglio that took place in both California and Mexico between a former husband and wife, with wife’s parents (maternal grandparents) helping finance many of her fights—even though custody

998 Offers: No Apportionment Necessary Between Defendants Where Liability Is Joint And Several/Vicarious In Nature

Cases: Section 998

First District, Division 2 Finds Admissions in Case Management Conference Statement Established Vicarious Liability For Gauging 998 Offer’s Validity.      Here is one for you personal injury practitioners, whether representing plaintiffs or defendants.      Although unapportioned Code of Civil Procedure section 998 offers are usually taboo, a prime exception occurs where the defendants are jointly

Homeowners Associations: Substantial Attorney’s Fees Awards In Favor Of Adjoining Neighbors and HOA Sustained On Appeal

Cases: Homeowner Associations, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Almost $500,000 in Total Fees Assessed Against Losing Homeowners.      For all you Olympic watchers out there, this next case will resonate the famous “agony of defeat” line from ABC’s Wide World of Sports.      In Sharp v. Anderson, Case No. B212528 (2d Dist., Div. 1 Feb. 18, 2010) (unpublished), plaintiff neighboring real property owners

Section 1717: No Basis For Fee Recovery Where Operative Contract Had No Fees Clause, Even Though Later Contract Did Have Fees Clause

Cases: Allocation, Cases: Section 1717

  Analysis of Fee Recovery Under Multiple Agreements Must Focus On Contract With Fee Clause Predicate.      Many decisions we have examined in the past under Civil Code section 1717 involve situations where multiple contracts (some with fees clauses and some without) are part of an integrated transaction or where apportionment between contract/noncontract claims was

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