January 2013

Special Fee Shifting Statute/Substantiation of Fees/Trade Secrets: Ninth Circuit Decision Is In — Mattel v. MGA Entertainment Appeal

Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees, Cases: Trade Secrets

  Trade Secrets Damages/Fees/Costs Go POOF!, But Copyright Defense Fee/Costs Recovery to MGA Sustained On Appeal.      In a remarkably short decision penned by Chief Justice Kozinski on behalf of a 3-0 panel, the Ninth Circuit has taken some things away and let other things stay in the oft-posted-upon Mattel, Inc. v. MGA Entertainment, Inc., […]

Allocation/Homeowner Associations/Reasonableness Of Fees: $750,000 Fee And $33,141.67 Costs Awards Sustained On Appeal

Cases: Allocation, Cases: Homeowner Associations, Cases: Reasonableness of Fees

  Entitlement, Apportionment, and Amount Challenges Rejected.      In Sinclair v. Katakis, Case No. F060497 (5th Dist. Jan. 23, 2013) (unpublished), $750,000 in attorney’s fees (out of a requested $1.2 million) and $33,141.67 in costs were awarded against defendants in a battle involving CC&Rs as well as notes and deeds of trust with contractual fee

Family Law Two-Fer: Husband’s Incarceration Justified Denial of Needs-Based Fees In Dissolution Proceeding And Trial Court Correctly Allocated Income Between Ex-Husband/Current Wife In Awarding Fees To Ex-Wife

Cases: Family Law

       Although “bad facts make bad law,” sad facts also make the law, good, bad, or indifferent. The next two cases we discuss demonstrate that truth. Marriage of Feakins, Case No. A132338 (1st Dist., Div. 1 Jan. 22, 2013) (unpublished).      In this one, ex-husband out of a 17 year marriage was incarcerated for

Bankruptcy: $9,000 Fee Recovery To Debtor Defendant Prevailing On Consumer Debt Nondischargeability Claim Affirmed In Ninth Circuit BAP Decision

Cases: Bankruptcy Efforts

  Court Discusses “Substantial Justification” Defense to an Award of Fees Under 11 U.S.C. § 523(d).      Although the old adage “bad facts make bad law” may apply in some contexts, that is not the case here. Rather, bad facts may lead to good law, which is what happened in In re Machuca, Jr., 2012

Requests for Admission: $86,782.20 Request For Costs-Of-Proof Sanctions Properly Rejected Where Requesting Party Sought All Fees, With No Allocation To RFA Denials

Cases: Requests for Admission

       The result in Chung v. Bookspan, Case Nos. B236479/B238058 (2d Dist., Div. 1 Jan. 17, 2013) (unpublished) is actually a great reinforcement of a needed lesson if you are representing a party claiming costs-of-proof sanctions under Code of Civil Procedure section 2033.420, which allows a prevailing party at trial to obtain costs/fees of

Private Attorney General: Home Builders Association’s Fee Recovery Sustained In Substantial Part

Cases: Private Attorney General (CCP 1021.5)

  $1,800 For Unexplained Counsel Time to File Complaint Reduced From Fee Award.      Building Assn. of the Bay Area v. City of Santa Rosa, Case No. A132839 (1st Dist., Div. 5) (Jan. 15, 2013) (unpublished) involved a lower court’s fee award to a builders association invalidating an ordinance requiring property owners to waive their

Private Attorney General: Amateur Radio Hobby Plaintiff Winning Constitutional Vagueness Challenge To Palmdale Ordinance Entitled to 1021.5 Fees

Cases: Private Attorney General (CCP 1021.5)

  Lower Court’s Denial of Fees on Personal Interest Prong Was Reversed.      In Zubarau v. City of Palmdale, Case No. 236406 (2d Dist., Div. 5 Jan. 17, 2013) (unpublished), plaintiff–who was an amateur radio enthusiast–challenged a Palmdale zoning ordinance regulating approval of his application to construct a tower antenna at his home. He lost

Scroll to Top