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Arbitration: Where Parties Failed To Remind Arbitrator About Stipulation To Bear Fees/Costs, Subsequent Award Of Fees To Plaintiff In The Arbitration Was Not Subject To Vacatur
Circumstances Did Not Fall Into “Legally Dispositive Facts” Vacatur Principle. In VIP Mortgage Incorporated v. Gates, No. 24-7624 (9th Cir. Dec. 22, 2025) (published), a vacatur request was denied where an arbitration award granted attorney’s fees and costs to a plaintiff on the defense’s counterclaims even though the parties had stipulated that fees and costs…
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Substantiation Of Reasonableness Of Fees: Where Prevailing Party Landlord Provided A Less Redacted Abstract Of Time Spent On The Case, That Substantiation Supported A Lower Court’s Award Of $94,344 In Fees
Prevailing Party Voluntarily Lowered Its Fee Request Down From $142,842. Prevailing landlord was given a second chance when the lower court observed that billing substantiation was severely redacted and post-judgment work had been included in 2503 Haste Street Owner, LLC v. FanX, Inc., Case No A170902 (1st Dist., Div. 5 Dec. 19, 2025) (unpublished). What…
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Private Attorney General: Where Prior Prevailing Parties Had Their Rulings Abrogated By Legislative Action Resulting In A Reversal Of Prior Opinions, They Were Not Successful Under CCP § 1021.5
Prior Opinions In Plaintiffs’ Favor Had No Precedential Value. In Make UC A Good Neighbor et al. v. Regents of University of California, Case No. A172510 (1st Dist., Div. 5 Dec. 19, 2025) (published), the appellate court affirmed that plaintiffs were not “successful” parties for private attorney general purposes despite winning favorable appellate precedents at…
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Civil Rights, Construction: In Construction Accessibility Cases Under The Unruh Act, Where A Defendant Asks For A Stay And An Early Evaluation Conference, Plaintiff Must File Information Showing Claimed Damages And The Amounts Of Fees/Costs Incurred As Of The Filing
Plaintiff Argued That The Fees Disclosure Invaded The Attorney-Client Privilege, An Argument Rejected At Both The Trial And Appellate Levels. In what we consider to be a very pragmatically reasoned decision, Johnson v. Rubylin, Inc., Case No. H053076 (6th Dist. Dec. 19, 2025) (published) decided that the attorney-client privilege does not support a disability plaintiff…
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SLAPP: Lower Court Did Not Err In Reducing SLAPP Fee Request Of $38,317.50 To An Actual Fee Award Of $5,000
Work On The Motion Was Excessive. After a case was voluntarily dismissed, a defendant brought a SLAPP fee motion and requested $38,317.50 in mandatory fees as the prevailing party (inclusive of a 1.5 positive multiplier) in Kim v. Woocher, Case No. B337918 (Dec. 18, 2025) (unpublished). The lower court only granted $5,000 in fees based…
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In The News . . . . Former Orange County Prosecutor Is Awarded $1,542,215 In Attorney’s Fees In Sexual Harassment/Retaliation Case Resulting In A $3 Million Favorable Jury Verdict For Plaintiff
Total Exposure For Orange County Approximates About $4.5 Million Former Orange County prosecutor Tracy Miller sued Orange County and certain DA defendants in a sexual harassment/retaliation case which went to trial in San Diego County Superior Court, resulting in a $3 million jury verdict. Recently, the trial judge decided that Plaintiff also was entitled to…
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Arbitration, Section 1717: Prevailing Party Winning A Petition To Appoint An Arbitrator In A Discrete Action Under The Parties’ Contract Was Entitled To Recover $68,800 In Fees For Getting An Arbitrator Appointed
Prematurity Arguments Were Rebuffed. In Barbanell v. Lodge, Case No. D084193 (4th Dist., Div. 1 Dec. 17, 2025) (unpublished), the parties entered into a settlement agreement to resolve a longstanding water rights dispute, with the settlement agreement having an attorney’s fees clause allowing a prevailing party in a lawsuit arising out of the settlement to…
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Arbitration: 2/5 DCA Remands Employer Untimely Payment Dispute To The Trial Court To See If Employer’s Excuse Fell Within Hohenshelt
Concurring Justice Suggests That Discovery Might Be Appropriate For Scrutiny Of Employer’s Failure To Timely Pay. Howard v. Koulax Enterprises, Case No. B335329 (2d Dist., Div. 5 Dec. 16, 2025) (unpublished) is yet another appellate decision remanding a case to the lower court after an employer litigant failed to timely pay arbitration expenses, with the…
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Arbitration: 4/3 DCA Joins An Emerging Appellate Majority In Remanding Arbitration Nonpayment Decisions After Hohenshelt Decided
Remand Was To Determine If Employer Had An Excuse For Untimely Payment And Whether Employee Suffered Compensable Harm. Our local Santa Ana appellate court, in Pontes v. Intelliloan, Inc., Case No.. G064585 (4th Dist., Div. 3 Dec. 16, 2025) (unpublished), has joined an emerging majority of appellate courts in remanding, post-Hohenshelt v. Superior, 18 Cal.5th…
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Homeowner Associations: Prevailing Party HOA Properly Granted Attorney’s Fees In A Renewed Motion Where The Initial Motion Was Denied Without Prejudice
CCP § 1008 Reconsideration Principles Did Not Govern; $95,182.75 Was The Fees/Costs Award. In Westwood Village Condominium Assn. v. Allen, Case No. A169848 (1st Dist., Div. 5 Dec. 15, 2025) (unpublished), HOA sued homeowners over alleged CC&R noise, parking, and littering violations, with HOA determining at some point that defendants cured the violations. Based on…