Case Demonstrates How Fee-Shifting Is A Major Consideration In Modern Day Litigation. City of Oakland, in Oakland Bulk & Oversized Terminal, LLC v. City of Oakland (2025) 112 Cal.App.5th 519, Case Nos. A169585 et al. (1st Dist., Div. 2 June 27, 2025), pet’n for review filed 8-6-2025, lost a ground lease termination case to […]
Fee Entitlement Still Allowed A Determination Of Reasonableness, With Record Supporting An Excessive Fee Request. Reasonableness of a fee request is simply an important issue all clients and attorneys must consider when a fee/sanctions petition is filed. Where an excessive, unreasonable request is made, the lower court has a range of options, from denying
The Notice Of Appeal Only Attached The Merits Judgment, Which No Mention Of Fees. Myers v. Quality Care Home, Inc., Case No. C101659 (3d Dist. Aug. 20, 2025) (unpublished) involved a situation we have seen many times. Defendant was hit with a $78,000 wage/hour fee award after a more minor unpaid wage judgment was
Only The Arbitrator Had The Authority. Claimant prevailed in an arbitration, but it failed to request attorney’s fees as required by AAA rules in claimant’s answering statement. The arbitrator refused to award fees based on this omission. Claimant then sought fees from the lower court when petitioning to confirm the award. The damages award
Consumer Legal Remedies/Elder Abuse Statutes Did Not Preempt, Although Defense Costs Had To Be Reviewed On Remand To Make Sure They Were Not Inflated In Nature. In Johnson v. Stoneridge Creek Pleasanton CCRC LLC, Case No. A170383 (1st Dist., Div. 4 Aug. 19, 2025) (published), the question was whether a continuing care retirement community
No Fee Entitlement Was Shown. Plaintiff obtained mandate relief against a municipality in a permit revocation dispute, subsequently moving for attorney’s fees under reciprocal fee-shifting provisions of the Perris Municipal Code relating to public nuisances. The lower court denied Plaintiff’s motion for fees under the municipal code. That determination was affirmed on appeal in
The Result Was That Car Manufacturer’s Request For Costs Had To Be Revisited And The $200,000 Fee Award To Plaintiffs Had To Be Reevaluated. In Zavala v. Hyundai Motor America, 107 Cal.App.5th 458, 463 (2024), rev. granted, No. S289000 (March 19, 2025), the 4/1 DCA concluded that CCP § 998 offers may include simultaneous,
Record Below Showed The Lower Court Pulled The Trigger Too Fast. Tragni v. Tragni, Case No. A169130 (1st Dist., Div. 5 Aug. 12, 2025) (unpublished) is one of those rare cases where a needs-based family law award to an ex-wife was reversed for an abuse of discretion. We now explore why. Ex-wife received
Net Result Was Some Were Affirmed And Some Reversed. Madrigal v. CTV, LLC, Case Nos, F087500 et al. (5th Dist. Aug. 12, 2025) (unpublished) was a wage/hour employment case where the results were very mixed—plaintiff Madrigal voluntarily dismissed the case; plaintiff Silva accepted a $28,000 CCP § 998 offer; plaintiff Cortez obtained a $25,282
Hourly Rate Was Found To Be Reasonable. In I.S. Investments, LLC v. Zamucen, Case No. G064105 (4th Dist., Div. 3 Aug. 11, 2025) (unpublished), plaintiff lost a case to prevailing defendants where there was a contractual fees clause in favor of the defense. Defendants moved for fees of $187,608 based on an hourly rate
