February 2015

SLAPP: Losing Cross-Complainant Presented Inadequate Record Or Merits Argument To Overturn SLAPP Fee Recovery In Favor Of Cross-Defendant

Cases: Record, Cases: SLAPP

  Record Inadequacy Was Fatal.      Cross-complainant appealed after getting assessed with attorney’s fees in favor of a cross-defendant successfully SLAPPing the cross-complaint in Moody v. Lanak & Hanna, P.C., Case No. E059515 (4th Dist., Div. 2 Feb. 27, 2015) (unpublished). He did not get any change in result, mainly because he did not present […]

SLAPP: Trial Judge Properly Awarded $27,820 In Fees To Prevailing Defendant On One Cause Of Action, Not Needing To Allocate Where Work Was Common With Another Claim For Which A SLAPP Was Denied

Cases: SLAPP

  However, On Appeal, Appellate Court Found Neither Side Prevailed So As To Get Appellate Fee Recovery.      Becerra v. Jones, Bell, Abbott, Fleming & Fitzgerald LLP, Case No. B251189 (2d Dist., Div. 8 Feb. 27, 2015) (unpublished) involved a situation where plaintiff ex-partner sued his former firm, with the firm SLAPPing one cause of

Indemnity: Indemnity Clause In Operating Agreement Only Related To Third-Party Claims Such That No Fee Recovery Authorized To Prevailing Defense In Suit Between LLC And Constituent Member

Cases: Indemnity

  Direct Liability Only At Issue—No Fee Recovery.      In American Rag Cie, LLC v. Haralambus, Case No. B246285 (2d Dist., Div. 5 Feb. 27, 2015) (unpublished), plaintiff LLC sued defendant 14% shareholder for fiduciary duty, contract breach, declaratory relief and unjust enrichment, which inspired defendant’s cross-complaining against plaintiff and other cross-defendants for several tort

Prevailing Party, Section 1717: Fee Clause Language Allowing Isolated Fee Recovery On Appellate Win Is Trumped By Section 1717’s Overall Prevailing Party Mandate

Cases: Prevailing Party, Cases: Section 1717

  Sixth District Rejects Notion that CCP § 1021 Prevails Over Civil Code § 1717.      This next case is interesting given that we have posted on some California unpublished decisions suggesting that fee entitlement is not at issue in Civil Code section 1717, with the provision only governing fairness and treatment of unilateral fee

Costs: Ninth Circuit Address Recovery Of Certain Electronic Discovery Related Expenses In Published Decision

Cases: Costs

  Must Reading for Recovery of Electronic Discovery and Demonstrative/Visual Aid Expenses.      The Ninth Circuit in In re Online DVD-Rental Antitrust Litig., No. 12-16183 (9th Cir. Feb. 27, 2015) (published)—a companion case to the fee award decision recently posted on—provided a “must read” discussion for clients/practitioners attempting to recovery certain electronic discovery and demonstrative/visual

Class Action: 25% Of Settlement Fund Fee Recovery Justified In Class Action Where Cash and Gift Card Value Of $27.25 Million Was Involved

Cases: Class Actions

  Components of Settlement Fund Considered By District Court, Fee Petition Notice, and Fee Award Explanation All Sound In Nature.      In In re Online DVD-Rental Antitrust Litig., Nos. 12-15705 et al. (9th Cir. Feb. 27, 2015) (published), the Ninth Circuit considered, among other issues, the propriety of a 25% of settlement fund fee award

Cases Under Review: California Supreme Court Grants Review Of Class Action Fee Case Uphold Lower Court’s Primary Utilization Of Percentage Of Recovery Method In A Common Fund Case

Cases: Cases Under Review

  Petition For Review Was Granted On February 25, 2015.      On February 25, 2015, the California Supreme Court granted review of the following case, with the issue involved described this way in its Weekly Summary for the week of February 23, 2015: Lafitte v. Robert Half Internat., Inc., S222996. (B249253; 231 Cal.App.4th 860; Los

Deed Of Trust, Section 1717: Plaintiff’s Post-Foreclosure Challenges To Sheriff’s Sale Was Not “On The Contract” For 1717 Fee Purposes

Cases: Deeds of Trust, Cases: Section 1717

  $63,120 Fee Award Reversed.      The Second District, Division 5, in Vega v. Goradia, Case No. B254585 (2d Dist., Div. 5 Feb. 26, 2015) (unpublished), confronted a $63,120 fee award to a prevailing defendant in an action brought by a plaintiff making certain post-foreclosure challenges to a sheriff’s sale (such as alleged notice of

Allocation, Section 1717: $1,047,250 Fee Recovery To Plaintiff Landlord Affirmed On Appeal

Cases: Allocation, Cases: Section 1717

  Appellate Court Rejected Various Arguments that Fees Should Have Been Apportioned.      Plaintiff landlord won prevailing party fees under Civil Code section 1717, pursuant to a lease fees clause, against tenant Bank after plaintiff won compensatory damages of $1,016,812.50 after a two-phased trial (with the compensatory damages component subsequently settled out). Although initially requesting

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