August 2024

Arbitration: Where Employee Paid Employer’s Arbitration Fees And Then Obtained A Refund, Employer Timely Paid Arbitration Fees From Issuance Of Second Invoice Within 30 Days

Cases: Arbitration

CCP § 1281.97 Ties The 30-Day Deadline From The Date Of An Arbitrator Invoice.                We have posted about the CCP § 1281.97 30-day deadline for an employer to pay arbitration fees, with most courts strictly construing the deadline (although whether the provision is preempted by the FAA is an issue recently taken up the […]

Family Law, Retainer Agreements, Sanctions: CCP § 128.7 Sanctions Award Reversed Because Litigant Not Given Safe Harbor Notice/OSC Notice That The Sanctions Response Was Sanctionable

Cases: Family Law, Cases: Retainer Agreements, Cases: Sanctions

Also, We Learn New Things All The Time—Contingency Agreements In Family Law Proceedings Are Against Public Policy.                Wright v. Wright, Case No. B330901 (2d Dist., Div. 1 Aug. 23, 2024) (unpublished) is interesting on two points:  (1) it reversed a CCP § 128.7 sanctions order against a litigant based on litigant’s response to a

Discovery: California Supreme Court Decides That General Discovery Statutes Allow A Trial Judge, Where Specific Discovery Sanctions Statutes Do Not Cover Egregious Discovery Abuses, To Inherently Impose Monetary Sanctions For Abuses

Cases: Discovery

However, Notice/Causation/Reasonableness Principles Are Still In Play, Just Under Specific Discovery Abuse Statutes.                In City of Los Angeles v. Pricewaterhousecoopers, LLP, Case No. S277211 (Cal. Supreme Ct. Aug. 22, 2024) (published), the California Supreme Court decided that the general sections of the Civil Discovery Act, CCP § 2023.010 and § 2023.030, allow a trial

Civil Rights: $55,414.84 Attorney’s Fees Award Under ADA Against Plaintiff’s Attorneys Reversed On Appeal, Although Plaintiff Dismissed A Website Action After Not Opposing A Summary Judgment Motion

Cases: Civil Rights

Appellate Court Concluded That ADA Statute’s Silence On Fee Award Against Plaintiff’s Attorneys Was Dispositive.                Statistically speaking, California state and federal courts (especially federal courts) are inundated with ADA disability lawsuits, many based on Website disabilities for disabled persons.  The next case establishes, as far as ADA claims are concerned, dismissals or judgments against

Reasonableness Of Fees, SLAPP, Substantiation Of Reasonableness Of Fees: Successful SLAPPing Defendant Entitled To An Award Of $48,790 In Fees And $1,574.60 In Costs

Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Winning Defendant Did Something Smart:  After SLAPP Motion Granted, Offered To Stipulate To A Much Lower Fees And Costs Award, Rejected By Plaintiff.                When it comes to the reasonableness of a fee award, we have posted on situations where the prevailing party offered to stipulate to a lower fees/costs award and then obtained a

Homeowner Associations: One Homeowner And HOA Properly Awarded A Grand Total Of $460,573.95 In Condo Noise Dispute Where Neither Party Won Their Arbitration Claims

Cases: Homeowner Associations

However, Arbitrator Determined One Homeowner And HOA Prevailed, Hence The Awards.                In this category, we have posted on many homeowner disputes where one side prevailed and obtained substantial fee awards under CC&Rs and the Davis-Stirling Act’s fee-shifting statute.  We also have posted on where both sides went away empty on fees because an arbitrator

Class Actions, Employment, POOF!: Reversal Of Class Action Summary Adjudication On Class Meal/Rest Breaks Claim Meant Substantial Fee Award Reversed Also

Cases: Class Actions, Cases: Employment, Cases: POOF!

Plaintiffs’ Reasons To Not Reverse The Award Were Unpersuasive.                Acting Presiding Justice Segal, author on behalf of the 2/7 DCA in Benton v. Telecom Network Specialists, Inc., Case No. B318867 (2d Dist., Div. 7 Aug. 19, 2024), confronted a very spirited opposition by plaintiffs/class winning substantial fees for why the reviewing court should not

Section 1717, Section 998: Because Plaintiff Voluntarily Dismissed Its Unlawful Detainer Action Without Prejudice, Santisas Prevented Recovery Of Contractual Attorney’s Fees By The Other Side Despite The Winning 998 Offer

Cases: Section 1717, Cases: Section 998

However, Plaintiff Did Pay The Other Side $118,372.65 In Routine Costs.                In Riverside Mining Limited v. Quality Aggregates, Case No. E081228 (4th Dist., Div. 2 Aug. 19, 2024) (published), Quality leased 73 acres from Riverside Mining, operating a quarry on the land.  Quality brought a civil lawsuit against Riverside Mining for infringing its leasehold,

Section 998: Plaintiff University Student Owed Judgments Against Two Defendants As A Result Of A Successful Section 998 Offer

Cases: Section 998

Costs Shifting Frequently Can Be The Result With A Well-Crafted 998 Offer.                Plaintiff student sued Loyola Marymount University and Los Angeles Television Access Corporation (Access) for premises liability and negligence after Access’ photography light fell on student.  After a bench trial, University was held blameless, and student won $22,834 in damages against Access.  However,

Fee Clause Interpretation: Based On A Broad Fee Clause, The Lower Court Correctly Construed An Option Agreement And Awarded Over $1.371 Million In Fees

Cases: Fee Clause Interpretation

Shows How Fee Motions Can Be Mini-Trials On Interpretation Of Fee Clauses.                In Preservation, Finance, Rehabilitation & Development, LP v. Associated Financial Corp., Case No. B325694 (2d Dist., Div. 4 Aug. 13, 2024) (unpublished), defendant won a bench trial in a complex loan transaction case, with the lower court awarding defendant prevailing party fees

Scroll to Top