May 2018

Civil Rights: UPS Properly Awarded $52,870.50 In FEHA Attorney’s Fees For Defending Disability Discrimination Claims Found Objectively Without Foundation When Brought

Cases: Civil Rights

Only A Quarter Of Fee Request Awarded.           Mariano v. United Parcel Service, Inc., Case No. D071055 (4th Dist., Div. 1 May 21, 2018) (unpublished) was a situation where a trial judge eventually found plaintiff’s associational disability discrimination theory was deficient because plaintiff had no specific relationship with a disabled person or and no such association […]

Consumer Statutes, Section 998: Defense Served A Proper 998 Offer With Valid Terms For Settlement Under The Song-Beverly Act

Cases: Consumer Statutes, Cases: Section 998

Defense Agreed To Pay $7,500 For Plaintiff’s Fees And Costs Or, Alternatively, An Amount To Be Determined On Noticed Motion.          A valid CCP § 998 offer to compromise is a valid cost-shifting mechanism under the Song-Beverly Consumer Warranty Act (commonly known as California’s “lemon law”). Kia Motors America, Inc. offered to pay plaintiff $30,000.01 plus

Settlement, Special Fee Shifting Statute: Ten-Day Settlement Offer Under IDEA Not Specifying Whether School District Would Pay Disabled Student’s Pre-Offer Attorney’s Fees And Costs Justified Parent In Rejecting Offer

Cases: Settlement, Cases: Special Fee Shifting Statutes

Result Is That Matter Is Remanded So Post-Offer Reasonable Fees Can Be Awarded; Both Majority and Concurring Opinions Suggest School Districts Need To Make Their Offers Clear In Nature.             The Individuals with Disabilities Education Act (“IDEA”) is a boutique practice involving a federal statute under which parents and school districts can resolve disputes over

Fees As Damages: 1/2 DCA Unpublished Decision Reminds Us That Litigation Expenses Alone Can Be Awarded As Special Damages In Slander Of Title Actions

Cases: Fees as Damages

In The Unpublished Case, $784,285.78 In Fees Were Awarded As Damages By The Lower Court, A Determination Affirmed On Appeal.             In Burlingame Investment Corp. v. Kwai, Case No. A144944 (1st Dist., Div. 2 May 18, 2018) (unpublished), plaintiffs won a slander of title cause of action against defendants, with the trial judge awarding defendants

Section 1717: Section 1717 Fee Award Plaintiff Reversed For Including Fees For Nonsignatory Work In Tort Case, But Remand May Be Nonproductive

Cases: Section 1717

Only Fees Attributable To Nonsignatory’s Defense, To The Extent Severable From Defense Work On Behalf Of Prevailing Signatory, Are To Be Omitted In Second Fee Proceeding.           The 4/3 DCA’s opinion in Zaffarkhan v. Domesek, Case No. G054997 (4th Dist., Div. 3 May 18, 2018) (unpublished), as even the appellate court observed in a footnote, is

Section 998, Trade Secrets: 4/3 DCA Reverses Trial Judge’s Significant Taxing Of Costs-Shifting Under Rejected CCP § 998 Offer And Reverses Denial Of Fees Under Penal Code Section 502 Fee-Shifting Provision

Cases: Section 998, Cases: Trade Secrets

Remand Was Order, But A Potential $575,000 To $994,000 In Expert And Attorney’s Fees Must Be Considered In “Re Do.”             Prince v. Invensure Ins. Brokers, Inc., Case Nos. G051996 et al. (4th Dist., Div. 3 May 18, 2018) (partially published; section 998 discussion published, with remaining fee discussion unpublished) is an insurance business merger

In The News . . . . Michigan State University’s Legal Bills In Larry Nassar Scandal Now Top More Than $11.3 Million

In The News

Nine Law Firms Involved In Handling Matters Relating To The Incident, But Settlement Recently Reached.             Recent news articles report that Michigan State University’s legal costs relating to the Larry Nassar scandal—involving gymnasts—now top more $11.3 million, although this figure likely is higher because it did not capture bills for some months in 2018 which

Deadlines: Appellate Court Reverses Denial Of Fee Motion Based On Failure To Adhere To 180-Day Outside Deadline

Cases: Deadlines

Reason Was That Multiple Interlocutory Orders And Dismissal, And Absence Of Final Judgment, Made Deadline Unclear For Moving Parties.         What occurred in Centinela Freeman Emergency Medical Assn. v. Maxwell-Jolly, Case No. B270462 (2d Dist. Div. 3 May 17, 2018) (unpublished) is that a trial judge denied plaintiffs’ motion for attorney’s fees under the private attorney

Arbitration: Recent 2/1 DCA Unpublished Opinion Is A Stark Reminder To Raise Fees And Costs Issue To An Arbitrator Before A Final Award Is Issued

Cases: Arbitration

Otherwise, Fees/Costs Recovery Could Be Forfeited; Best Is To Ask For An Interim Award On Merits And Reserve Other Issues For Later Interim Award.           The next case really is a stark reminder to litigators to make sure an arbitrator reserves fees and costs issues for decision in a subsequent interim award after an interim award

Family Law: $20,000 Section 271 Sanctions Award And $5,000 Breach of Fiduciary Duty Sanctions Award Affirmed By 4/3 DCA Against Ex-Wife

Cases: Family Law

But No Appellate Fees Awarded To Ex-Husband.             In Marriage of Reed, Case No. G050666 (4th Dist., Div. 3 May 15, 2018) (unpublished), ex-wife was assessed with $20,000 in sanctions under Family Code section 271 and another $5,000 in sanctions for breach of fiduciary duty for failure to disclose the existence of a community property

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