June 2010

Consumer Arbitrations: Consumer Contract Authorizing Fees Runs Afoul Of CCP § 1284.3 Statutory Protections

Cases: Arbitration, Cases: Consumer Statutes

  Fourth District, Division 1 Reverses Arbitration Fee Award on Public Policy Grounds on Appeal.      Code of Civil Procedure section 1284.3(a) is a pro-consumer arbitration provision that states an arbitrator/neutral cannot administer an arbitration for a consumer in a way that makes the consumer responsible to pay attorney’s fees or costs if he/she is […]

SLAPP: Court Of Appeal Affirms $6,840 SLAPP Fee Award To Defense

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  Fourth District, Division 3 Does Find That Fee “Estimates” For Future Work On Reply Papers/Appearance Adequately Underpins Ultimate Award.      Although it has a great discussion of the Flatley exception and the circumstances where the litigation privilege is trumped by more specific statutes, our local Fourth District, Division 3 does have a nice discussion

Civil Rights: $137,502.46 Supplemental Fee Award Affirmed In Favor OF Monthly Prison Magazine Publisher

Cases: Civil Rights, Cases: Reasonableness of Fees

Ninth Circuit Disagrees with Seventh Circuit Over Fee Recovery for Compliance Activities and Also Reject That Laffey Matrix Had to Be Used in Determining Reasonable Hourly Rates.      Prison Legal News v. Schwarzenegger, Case No. 09-15006 (9th Cir. June 9, 2010) (for publication) is an interesting Ninth Circuit decision regarding what fees are awardable under

Bankruptcy Efforts: Ninth Circuit Finds That Fee Recovery Allowed Against Losing Creditors and In Favor Of Winning Debtors For Purposes Of Recouping “Fees On Fees” And Fees Obtaining Punitive Damages In Involuntary Bankruptcy Petition Dismissa

Cases: Bankruptcy Efforts

  Ninth Circuit Does Determine That “Fees on Fees” Are Not Recoverable In Sanctions Proceeding By Which Creditors’ Controlling Persons Held Jointly and Severally Liable For Involuntary Petition Dismissal Expenses.      Here is an interesting one for you bankruptcy practitioners, with co-contributors Marc and Mike knowing several of the bankruptcy attorneys involved in the appeal.

Family Law: $62,300 Fee Award To Wife Affirmed Because Husband Failed To Provide An Adequate Record For Appellate Review

Cases: Family Law

  Fourth District, Division 2 Affirms Based on Violation of Fundamental Appellate Tenet—Present A Complete Record; Also, Co-contributor Marc Gets A Puppy!      We don’t mean to be preachy (although we probably are at times), but the next case reinforces a crucial appellate practice reminder—one stressed by both practitioners and jurists alike—which is to make

Sanctions: $247,397.28 Fee and $10,808.76 Cost Awards Affirmed Against Attorney As Sanctions Under 28 U.S.C. § 1927 In Copyright Infringement Case

Cases: Sanctions, Cases: Substantiation of Reasonableness of Fees

Ninth Circuit Finds Sanctions Were Warranted and Were Not Excessive in Nature.      28 U.S.C. § 1927 allows a district judge to sanction an attorney “who so multiplies the proceedings in any case unreasonably and vexatiously” for those excess costs, expenses, and attorney’s fees reasonably incurred as a result of attorney’s conduct. Recklessness suffices under

Fee Clause Interpretation: CAR Broker Fee Clause Draws Starkly Different Views On Fee Recovery In Unpublished Decision

Cases: Fee Clause Interpretation, Cases: Section 1717

  First District, Division 2 Panel Has Very Divergent Perspectives on Breadth of Fee Clause.      Here is a very interesting unpublished decision about the interpretation of a CAR form fee clause in a brokerage contract. The main dispute centered upon the interpretation of the scope of this provision: “In any action, proceeding or arbitration

Scroll to Top