December 2018

Costs: Order Awarding Or Taxing Costs After Voluntary Dismissal Without Prejudice Is Appealable, With 4/2 DCA Agreeing With 4/3 DCA In Split Of Opinion On Subject

Cases: Costs

However, Costs Award Against Plaintiff’s Counsel Was Void Because Routine Costs Not Normally Allowable Against Counsel.             The 4/2 DCA, in Gassner v. Stasa, Case No. E068058 (4th Dist., Div. 2 Dec. 17, 2018) (partially published), faced a situation where a trial judge awarded costs jointly and severally against a plaintiff and plaintiff’s counsel after […]

Homeowner Associations: Trial Judge Did Not Error In Reducing Homeowner Fees To Prevailing Defendant By Over $100,000

Cases: Homeowner Associations

Main Problem Was Failure To Properly Introduce Another Counsel’s Work In Admissible Fashion—Declaration By Later Counsel Did Not Do It.             In Eith v. Ketelhut, Case No. B272028 (2d Dist., Div. 6 Dec. 17, 2018) (partially published; fees discussion unpublished), many homeowners got involved in a dispute which hinged on whether a HOA Board of

Class Action: Trial Judge’s Reduction Of Class Action Counsel Fees From $250,000 To $180,000 Was No Abuse Of Discretion

Cases: Class Actions

Lower Court Does Not Have To Agree To Maximum Amount Ceiling In “Clear Sailing” Provision Under Settlement Agreement And Does Not Have To Award Percentage of Recovery Fees.             Orozco v. Pebble Beach Co., Case No. H044232 (6th Dist. Dec. 14, 2018) (unpublished) demonstrates that lower courts do not have to award percentage of recovery

Celebrities: President Trump Receives $292,052.33 In Attorney’s Fees Under Texas Anti-SLAPP Statute For Defensing Stormy Daniels In Her Defamation Lawsuit

Cases: Celebrities

District Judge Reduced Fee Request By 25%.             We can now report that the district judge in Stephanie Clifford v. Donald J. Trump, Case No. CV18-06893-SJO (FFMx) (C.D. Cal. Dec. 11, 2018 order) has finally decided what attorney’s fees are recoverable by President Trump’s attorneys in the defamation lawsuit brought by Stormy Daniels.   President Trump

Costs: Does FRCP 41(d) Allow For Recovery Of Attorney’s Fees As Costs When Plaintiff Previously Dismissed An Action Based On Claims Against The Same Defendant In A District Court?

Cases: Costs

Answer: Courts Are Split – Some Say No, Some Yes In The Court’s Discretion, And Others Say Yes If The Claims In The Original Suit Allowed For Fee Recovery.             Federal Rule of Civil Procedure 41(d) provides: “If a plaintiff who previously dismissed an action in any court files an action based on or including

Eminent Domain: $953,861.25 Fee Award To Prevailing Inverse Condemnation Plaintiff Is Reversed And Remanded, Needing To Be Tailored To Actual Contingency Arrangement Of Fees Incurred By Plaintiff

Cases: Eminent Domain

Allowing Plaintiff To Obtain Broader Civil Rights-Type Fees Would Circumvent “Actually Incurred” Restriction in Civil Code Section 1036.             Plaintiff must have been ecstatic in Johnson v. South San Joaquin Irrigation Dist., Case No. C079200 (3d Dist. Dec. 12, 2018) (unpublished), after winning an inverse condemnation/tort case against irrigation district after it closed a storm

Consumer Statutes, Costs, Reasonableness Of Fees: 4/2 DCA Reverses Fee Award Under Song-Beverly Act Where Trial Judge Seemed To Base Award On Proportionality Of Fees To Modest Damages Award

Cases: Consumer Statutes, Cases: Costs, Cases: Reasonableness of Fees

Also, Denial Of Trial Transcript Expenses Reversed Because They Were Compensable Under Song-Beverly Act Costs/Fee-Shifting Provision.             Although occurring in the civil rights context, we foresaw in our December 20, 2015 post on Kerkeles v. City of San Jose, 243 Cal.App.4th 88, 102-104 (2015) that it would have much more significance in other substantive areas.

Year In Review – 2018

Year in Review

Year End Wrap-Up: Mike & Marc’s Top 25 Decisions In 2018 Part 2 of 2—Employment Issues, Lender Trust Deed Fee Clauses, Fees As Damages, Section 998, And Sanctions Dominated The Second Batch Of Our Top 25.             In line with our prior post on some of the Top 25 decisions, we now round out with

Discovery, Family Law: Family Law Judges, On Discovery Matters Rather Than OSC Matters, Can Issue Sanctions Based On Declaration Testimony

Cases: Discovery, Cases: Family Law

No Oral Testimony Required Under The Circumstances.             We found Marriage of Clarke and Akel, Case No. A151888 (1st Dist., Div. 5 Dec. 11, 2018) (unpublished) to be an interesting case given that it involved an intersection between family law and civil discovery procedures.             The essence of the matter was a discovery dispute between

Year In Review – 2018

Year in Review

Year End Wrap-Up: Mike & Marc’s Top 25 Decisions In 2018 Artist Andrew Scott's stainless steel, 30-foot-long gavel outside the Thomas J. Moyer Ohio Judicial Center Part 1 of 2—CCP §998, Civil Code § 1717, Civil Rights, Sanctions, And Ethics Dominated First Batch.             As is traditional during the Holidays, we choose the top attorney’s fees/costs

Scroll to Top