August 2021

Common Fund, Costs, Special Fee Shifting Statutes: 4/3 DCA Affirms Large Part Of Trial Judge’s Fee And Costs Rulings In Financial Elder Abuse/Derivative Litigation

Cases: Common Fund, Cases: Costs, Cases: Special Fee Shifting Statutes

Hornet Nest Of Fees And Costs Issues Resolved By Appellate Court.             We knew right away that Acting Presiding Justice Bedsworth penned Horowitz v. Brown, Case No. G057412 (4th Dist., Div. 3 Aug. 30, 2021) (unpublished) based on his distinctive writing style.  The appellate court faced a virtual hornet nest of fees and costs issues, […]

Probate: Attorney’s Fees Made Payable By The Trust For Trustee Beating Back Misconduct/Malfeasance Claims As To Trustee’s Accountings Were Proper

Cases: Probate

Broad Equitable Powers Of The Probate Court So Allowed, Even Though Section 17211(a) Was Denied As A Fee Entitlement Basis.             In Key v. Tyler, Case No. B298739 (2d Dist., Div. 2 Aug. 30, 2021) (unpublished), trustee successfully defended accountings from charges of misconduct, self-dealing, and malfeasance as brought by a sister beneficiary of a

Reasonableness Of Fees: Defendant Winning Retaliatory Eviction Action Correctly Awarded Only $2,671.50 Out Of A Requested $26, 715 In Attorney’s Fees

Cases: Reasonableness of Fees

10% Was Reasonable Based On The Defense Not Ending The Dispute Through A Demurrer And Based On Plaintiff’s Indigency.             Wiles v. McClure, Case No. A161165 (1st Dist., Div. 3 Aug. 27, 2021) (unpublished) shows how a trial judge can consider numerous circumstances when determining the reasonableness of a requested fee award.             The defense

Sanctions: Pro-Trump Lawyers Sanctioned For Speculation And “Guesswork” Affidavit Filed In Election Fraud Suit, With Amount To Be Set In A Future Hearing

Cases: Sanctions

Opinion Has Some Eloquent Reasoning On Fiduciary Duties/Officer Of The Court Functions By Lawyers.             We do not like to take political stances in this blog, and this post is no exception.  We have posted plenty of blogs, both pro and con, relating to court disputes involving former President Donald Trump.              However, U.S. District

Prevailing Party: General Contractor Winning Net Award Of $74,890 Was The Prevailing Party Such That The Fee Award Of $65,000 And The Costs Award Of $3,600 Was No Abuse Of Discretion

Cases: Prevailing Party

After All, The Trial Court Did Reduce The Request Substantially, And Lack OF Comparative Analysis/Specific Objections Did Not Meet The Burden In Opposing The Fee Application.             In Avalanche Air, Inc. v. Dwelling Construction, Inc., Case No. B302340 (2d Dist., Div. 7 Aug. 24, 2021) (unpublished), subcontractor sued for nonpayment, and general contractor sued for

Costs, Deadlines, Fee Clause Interpretation, Lodestar: L.A. Groundwater Case Fee And Costs Awards Remanded For A Revisit By The Fifth District

Cases: Costs, Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Lodestar

Variety Of Costs, Fee Entitlement, And Lodestar Issues Explored In This Unpublished Opinion.             Antelope Valley Groundwater Cases, Case No. F083138 (5th Dist. Aug. 24, 2021) (unpublished) was a Los Angeles-venued case which produced a global settlement complete with a provision for certain parties to bear attorney’s fees and costs by class counsel.  Class counsel

Appeal Sanctions, Costs: 2/4 DCA Denies Requests From Prevailing Party In A Writ Proceeding For Attorney Fees To Be Included As Part Of Costs Award And For An Award Of Fees As A Sanction Against Defeated Party

Cases: Appeal Sanctions, Cases: Costs

Attorney Fees Are Not Included As Recoverable Costs Under California Rules Of Court, Rules 8.493(b) And 8.278(d), And A Passing Reference To An Award Of Fees As Sanctions, With No Showing Of Justification For Sanctions, Does Not Qualify As A Motion For Sanctions Under Rule 8.492(a).             In Harden v. Superior Court, Case No. B311738

Class Action, Employment: Eighth Circuit Court Of Appeals Reverses $1 Fee Award To Class Counsel Where Some Work Was Done Despite Failing to Segregate Compensatory/Fee Negotiations And Despite Billing Problems

Cases: Class Actions, Cases: Employment

Dissenting Circuit Judge Would Have Affirmed District Judge Fee Award.             Vines v. Welspun Pipes Inc., No. 20-2168 (8th Cir. Aug. 18, 2021) is an interesting case which shows how appellate circuit judges can have differing perspectives on approaching class action fee awards.             What happened in this one is that class action counsel on

Private Attorney General, POOF!: Reversal Of CEQA Parking Lot Issue Petition In Entirety Also Vacated Private Attorney General Fee Award

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

$154,000 In Fees Went POOF!             The appellate court in Save Our Access-San Gabriel Mountains v. Watershed Conservation Authority, Case Nos. B303494 et al. (2d Dist., Div. 8 Aug. 19, 2021) (published) reversed a CEQA petitioner’s win on a parking lot issue in entirety.  Petitioner had won $154,000 in private attorney general statute fees (used

Prevailing Party: Party Not Seeking Fees In Trial Court Cannot Be The Prevailing Party On Appeal

Cases: Prevailing Party

Overall Litigation Picture Must Be Surveyed.             In Betuel v. Luma Pictures, Inc., Case No. B297030 (2d Dist., Div. 4 Aug. 19, 2021) (unpublished), parties under a settlement agreement reached a resolution on partial ownership in a corporation, with a contractual fees clause being present in the settlement document.  However, one of the litigants who

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