July 2022

Costs: Plaintiff Unsuccessfully Appeals Postjudgment Costs Order Awarding $3,451.11 To Prevailing Defendants Arguing That His Deposition Testimony Should Have Been Precluded And Therefore Was Not A Recoverable Cost

Cases: Costs

Plaintiff’s Challenge To The Costs Order Was Precluded As It Ultimately Attacked A Prejudgment Order That Plaintiff Did Not Appeal And Did Not Challenge In Appeal Of The Judgment And Underlying Summary Judgment Ruling.             In Lopez v. Irvine Company LLC, Case No. G059354 (4th Dist., Div. 3 July 1, 2022) (unpublished), defendants defeated plaintiff’s […]

Consumer Statutes, Section 998: $143,624.59 Costs Award To Lemon Law Defendant, Based On A Successful CCP § 998 Offer, Is Affirmed On Appeal

Cases: Consumer Statutes, Cases: Section 998

Bad Faith And Lack Of Specificity Arguments Rejected.             California’s Song-Beverly Consumer Warranty Act, known as the Lemon Law, has a pro-plaintiff attorney’s fees provision.  However, Code of Civil Procedure section 998 can tilt the risk against a defendant by cutting off post-offer fees and costs if the 998 offer is properly crafted.  Plus, the

POOF!, Special Fee Shifting Statute: CCP § 1038 Fees/Costs Assessed Against Plaintiff And In Favor Of City In Dangerous Property Case Reversed As A Matter Of Law

Cases: POOF!, Cases: Special Fee Shifting Statutes

Plaintiff’s Claim Was Colorable Such That “Reasonable Cause” Element Was Missing So As To Not Justify The Award.             Cities gaining pre-trial victories in certain cases frequently move to recover some attorney’s fees and costs against a losing defendant under Code of Civil Procedure section 1038.  However, the governmental entity must prove that the plaintiff’s

Private Attorney General: Lower Court Properly Denied CCP § 1021.5 Fee Request By Plaintiff Which Dismissed Its Complaint Without Showing That Nonsettling Defendants Changed Their Behavior As A Result Of The Lawsuit

Cases: Private Attorney General (CCP 1021.5)

Success/Causation Elements Of Section 1021.5 Were Not Demonstrated.             In Companion Animal Protection Society v. Puppies4Less, Case No. E076858 (4th Dist., Div. 2 June 29, 2022) (unpublished), plaintiff sued certain defendants for selling animals to pet stores which were not obtained from nonprofit animal shelters or rescue groups.  Some defendants settled, others did not, and

Sanctions: $11,300 In CCP § 128.7 Sanctions Affirmed Against Client’s Attorney Based On Relitigating Grounds Lost Before

Cases: Sanctions

However, Because No Improper Purpose Shown By Client Independent Of Following Counsel’s Advice, Sanctions Against Client Reversed.             Showers v. Matthews, Case No. A163900 (1st Dist., Div. 1 June 29, 2022) (unpublished) is a reminder that CCP § 128.7 sanctions cannot be sustained under subdivision (b)(1) if the underlying conduct by a client was reliance

Reviews: Articles On Anti-SLAPP Fee Awards And On Best Practices

Cases: SLAPP, Reviews

California Litigation Publishes Two Helpful Attorney Fees Articles In Latest Issue.         California Litigation, the journal of the Litigation Section of the California Lawyers Association, has published two articles relating to attorney fees in the latest issue, Vol. 35, No. 1 (2022). Co-contributor to this blog Marc is one of the editors of California Litigation.

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