December 2023

SLAPP: Losing Party’s Efforts To Challenge $24,281.50 Fee/Costs Order To Prevailing Defendant, From A $32,799 Ask, Was Rebuffed On Appeal

Cases: SLAPP

Challenges Were To Lower Court’s Discretionary Calls, With The 25% Reduction Below Showing Discretion Was Exercised.             Smith v. Entrepreneur Media, Inc., Case No. G060839 (4th Dist., Div. 3 Dec. 18, 2023) (unpublished), authored by Acting Presiding Justice Bedsworth, is another illustration as to why challenges to the amount of attorney’s fees awarded are on […]

Consumer Statutes, Reasonableness Of Fees: Plaintiff Accepting CCP § 998 Settlement Offer In Lemon Law Case Was Properly Awarded Drastically Reduced Attorney’s Fees Where Inflated Billings Were Demonstrated

Cases: Consumer Statutes, Cases: Reasonableness of Fees

Higher Claimed Hourly Rates For Riverside Attorneys Properly Reduced, As Well As Inflated Work Effort Requests.             In contrast to the Edmundson decision which we recently posted on, the 4/3 DCA did affirm a substantially reduced fee award under a lemon law case in Jacobs v. American Honda Motor Co., Inc., Case No. G062739 (4th

SLAPP: Lower Court Had Jurisdiction After Plaintiffs’ Dismissal Of Their Complaint, With A SLAPP Motion Pending, To Award Fees To the Defense

Cases: SLAPP

However, Lower Court Had To Determine If SLAPP Motion Had Merits, Which It Did.             In Mendez v. Flores, Case No. C095501 (3d Dist. Dec. 8, 2023) (unpublished), plaintiffs dismissed their complaint after the defense moved to SLAPP it.  The lower court awarded the defense $19,608 in SLAPP fees after determining it had jurisdiction to

Laffey Matrix, Lodestar, Reasonableness Of Fees: Lower Court Erred By Too Drastically Cutting Prevailing Party Contractual Fee Request From Around $700,000 To $198,445

Cases: Laffey Matrix, Cases: Lodestar, Cases: Reasonableness of Fees

Lower Court Did Not Support Reduced Hourly Rate And Substantial Time Cuts. Free haircut on Saturday morning in W.M. Scott's general store. Farrington. Chatham County, North Carolina. Library of Congress. Marion Post Wolcott, photographer.  September 1940.             Based on the Ninth Circuit’s Moreno decision which we have cited many times, federal courts in California need

Family Law: Fee Awards To Ex-Wife Under Section 271 And Minors’ Counsel Under Section 3153 Were Affirmed On Appeal

Cases: Family Law

Ex-Husband Did Have Ability To Pay, With The Lower Court Structuring The Fee Recovery To Ameliorate Hardship.             Acting Presiding Justice Bedsworth, on behalf of a 3-0 panel, authored Marriage of Lou and Ma, Case No. G061015 et al. (4th Dist., Div. 3 Dec. 6, 2023) (unpublished).  Ex-husband in a dissolution case appealed an award

Costs, Employment: Employee Assessed With Routine Costs For Not Prevailing On Labor Code Violations, Intertwined With Other Claims, Obtained Reversal As A Matter Of Law Where Employee’s Case Was Not Brought In Bad Faith

Cases: Costs, Cases: Employment

Where Wage Claims Are Not Brought In Bad Faith, Intertwined Claims Do Not Give Rise To Costs Exposure.             In Schwade v. South Pasadena Rehabilitation Center, LLC, Case No. B318644 (2d Dist., Div. 2 Dec. 5, 2023) (unpublished), employee lost a wage/hour claim lawsuit, although involving intertwined claims, on a summary judgment.  The lower court

Costs, Probate: Probate Code Section 1002 Takes Precedence Over General CCP § 1032(b) Prevailing Party Provisions

Cases: Costs, Cases: Probate

Probate Court Has Discretion To Determine Whether Costs Should Be Awarded, Who Should Pay Them, And Who Should Recover Them.             Peccia v. Guerrero, Case No. B316614 (2d Dist., Div. 3 Dec. 4, 2023) (unpublished) is an opinion reminding practitioners that specific Probate Code provisions may take precedence over more general CCP prevailing party statutory

Deeds Of Trust, Section 1717: $31,617 Attorney’s Fees Award Under Deed Of Trust Fees Clause Affirmed Against A Nonsignatory Who Was An Alter Ego In A Fraudulent Conveyance DOT Case

Cases: Deeds of Trust, Cases: Section 1717

DOT Fees Clause Was Broad, Encompassing The Tort Claim For Fraudulent Conveyance.              In the deed of trust area, whether a lender can obtain recovery of contractual attorney’s fees after prevailing in a case depends on its breadth:  if it is broad, lender likely prevails; if it is narrow (such as only saying the fees

Appealability, Private Attorney General: Additional Defendants Were Determined To Be “Opposing Parties” Such That They Should Have Been Added As Liable For A Private Attorney General Fee Award

Cases: Appealability, Cases: Private Attorney General (CCP 1021.5)

Additional Defendants Were Unified In Interest With Other Defendants Subject To The Fee Award.             To recover attorney’s fees under the private attorney general statute, CCP § 1021.5, the plaintiff must recover against “opposing parties.”  Taft v. Salinas, Case No. D081025 (4th Dist., Div. 1 Nov. 30, 2023) (unpublished) considered the scope of that language

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