May 2016

Fee Clause Interpretation, Prevailing Party, Section 1717: Another Reversal Of Fortune—Rehearing Granted Where Prevailing Plaintiff Now Gets Return Of $4.2 Million Fee Recovery

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717

  Earlier, The Fee Recovery Went POOF!, But Restored After A Rehearing.   President Grant at his cottage by the sea.  c1872.  Library of Congress.     We have posted before in our February 21, 2016 post on U.S. Grant Hotel Ventures, LLC v. American Property Management Corp., a Fourth District, Division 1 appeal where each […]

Class Action: Nonparticipating Class Member Objector Has No Standing To Appeal Fee Award To Class Counsel And 70% Reduction In Class Counsel Fee Request Remanded For Better Articulation Of Haircuts

Cases: Class Actions

  Ninth Circuit Even Takes Unusual Step Of Assigning To A Different District Judge On Remand.     Stetson v. Grissom, Case Nos. 13-57061/13-57159 (9th Cir. May 11, 2016) (published) is a case where a nonparticipating class member objector challenged an award of fees to Class Counsel and appealed the district judge’s failure to award fees

Homeowner Associations/Prevailing Party: HOA’s Request For $1.666 Million In Fees Against Homeowner Properly Denied

Cases: Homeowner Associations, Cases: Prevailing Party

  Lower Court Found HOA Did Not “Prevail,” Where Each Side Got Some Relief.      HOA-homeowner disputes, as well have seen repeatedly, are generally expensive in nature as far as attorney’s fees expenditures. The loser, either way, can face substantial fee exposure under Civil Code section 5975 (the Davis-Stirling Act’s fee shifting provision) and/or Civil

Happy Birthday To Us …. Eight Years – First Started On May 11, 2008

Off Topics

    Happy Mother’s Day To You Moms Out There Also!               Wow, seems like just yesterday.  On May 11, 2016, we celebrate eight years of activity on this blog.  Hope you readers have found it helpful.  We also extend Happy Mother’s Day to all of you Moms out there.  Below:  "First Lady of

Allocation/Fee Clause Interpretation: Losing Plaintiff In Integrated Contractual Relationship With Broad Fees Clause Rightly Hit With Contractual Fee Exposure

Cases: Allocation, Cases: Fee Clause Interpretation

  Allocation Between Defendants Was Not Necessary Where The Work Was Intertwined.      In Fleming v. Peloquin, Case No. E063069 (4th Dist., Div. 2 May 6, 2016) (unpublished), plaintiff investor in an LLC venture gone bad sued other parties who were either members or parties with involvement pursuant to both an Operating Agreement (where there

Indemnity (Governmental): Complaint Allegations Of Employee’s Actions Are Not Determinative Of Whether Employee Acted Outside Of Employment Scope For Reimbursement Of Defense Costs

Cases: Indemnity

  Government Code Section 996.4 Involved, With Employee Entitled To Introduce Evidence To Rebut “Outside The Scope” Defense By Government.      Public employees are entitled to be defended and indemnified for third party claims arising within the scope of their employment. The governmental employer has a choice: provide a defense/pay any claim or judgment against

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