June 2010

Fee Clause Interpretation: $278,323 Fee Award Remanded For Failure To Determine If Narrow Fee Clause Truly Covered Certain Pled Claims

Cases: Fee Clause Interpretation

Tort Claims Were Not Covered, Others Were, and Some Needed to be Revisited.      The Sixth District, in a scholarly unpublished 3-0 opinion authored by Acting Presiding Justice Bamattre-Manoukian, has a very thoughtful discussion of the breadth of a fees clause in a promissory note when plaintiffs prevailed on professional negligence and vendor’s lien claims, […]

Special Fee Shifting Statutes—Construction Prompt Payment: Fee Award To Contractor Under Prompt Payment Statutes Affirmed On Appeal

Cases: Special Fee Shifting Statutes

First District, Division 1 Sustains Fee Recovery of Over $381,000 Against Owners.      W. Wong Construction Co., Inc. v. Watt, Case Nos. A122409, A12327 & A124295 (1st Dist., Div. 1 June 18, 2010) (unpublished) is a case where a contractor obtained damages and a hefty $381,000-plus in attorney’s fees against owners under the construction prompt

Section 998: “First Impression” Unpublished Case—Plaintiff Can Defeat 998 Cost Shifting By Presenting Pre-Offer Costs In Opposition To Tax Costs Motion, Rather Than Claiming As Routine Costs Memorandum

Cases: Section 998

Fourth District, Division 2 Finds Plaintiff Can Defensively Block 998 Fee Shifting Outside the Costs Memorandum Decision, Even Though Undisclosed Costs Are Not Recoverable.      Boy, oh boy, in between the Lakers-Celtics game tonight, we have decided to blog on a very interesting unpublished decision from the Fourth District, Division 2, which itself admits involves

Civil Rights: Ninth Circuit Reverses District Judge’s Refusal To Award Fees And Costs In Nominal Jury Verdict Award Case

Cases: Civil Rights

Tangible Benefit Was Produced—San Diego Police Department Encouraged to Train Officers to Avoid Excessive Force.      The next decision from the Ninth Circuit Court of Appeals is interesting. Though finding that the district judge got the law right, the majority in the decision still found that there was an abuse of discretion in refusing to

Homeowners Associations: Justice Fybel Provides A Great Quote Regarding Fees Often Times Spent By Both Sides In These Disputes

Cases: Homeowner Associations

Quote Comes from 2002 Unpublished Opinion.      We would like to thank Justice Richard Fybel of the Fourth District, Division 3 for a great quote from a prior unpublished opinion involving a homeowner association-property owner dispute.      In Niguel Shores Community Association v. Buehler, 2002 WL 31121089 (4th Dist., Div. 3 Sept. 25, 2002), both

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