July 2024

Special Fee Shifting Statutes: Denial Of DVRO Resulted In Adverse Fee/Cost Award Of $24,777.38 Against Unsuccessful Petitioning Party

Cases: Special Fee Shifting Statutes

Failure To Oppose The Fee Motion Was Fatal.                A party prevailing in a domestic violence restraining order (DVRO) can obtain attorney’s fees and costs.  Ex-girlfriend lost a DVRO petition, with the lower court awarding ex-boyfriend $24,777.38 in attorney’s fees and costs.  The appellate court affirmed the awards in Gikkas v. Stern, Case No. A168298 […]

Employment: Partially Dismissed/Frivolous Claims For Unpaid Commissions Under Labor Code Resulted In Substantial Adverse Fee And Cost Awards Against Plaintiff

Cases: Employment

$245,531 Was The Fee Award And $8,489.76 Was The Cost Award.                In Doustkam v. Sage, Case No. B321390 et al. (2d Dist., Div. 2 July 1, 2024) (unpublished), plaintiff claimed $747,000 in unpaid commissions under the Labor Code, dismissing some claims and losing other claims because of a lack of evidentiary support.  The trial

Arbitration: Where Costs-Shifting Component Only In Employer-Employee Arbitration Agreement Was Unconscionable, It Should Be Severed

Cases: Arbitration

Denial Of Motion To Compel Arbitration Was Reversed.                In Helfet v. Motive Energy, Inc., Case No. B331359 (2d Dist., Div. 1 July 1, 2024) (unpublished), the appellate court reversed the denial of a motion to compel arbitration under an employer-employee contractual provision because the only unconscionable provision, an improper cost-shifting provision, could be severed

Intellectual Property: District Judge Properly Denied Fees To Prevailing Party In Trademark Infringement Action

Cases: Intellectual Property

Trademark Did Not Arise Under The Contract Or Involve Exceptional Circumstances Under The Lanham Act.                Plaintiff lost a trademark infringement suit against a defendant alleging use of a different mark than defendant’s trademark use.  There was a contractual fees clause under a partnership agreement involving uses of marks different than the one involved in

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