Author name: Marc Alexander

Fee Clause Interpretation: “Arising Out Of” Language In Escrow Agreement Did Encompass Fraudulent Concealment Victory By Plaintiff Buyers Against Defendant Seller And Affiliates

Cases: Fee Clause Interpretation

$412,500 Fee Award Under Escrow Fees Contract Clause Affirmed On Appeal.             In Kim v. Lee, Case Nos. B295665/B303317 (2d Dist., Div. 7 May 26, 2021) (unpublished), plaintiff buyers won a fraudulent concealment claim against defendant seller/affiliates.  The buyers then moved for an attorney’s fees award under a broad escrow fees clause containing “arising out […]

Section 998: Arriagarazo Decision Of April 30, 2021 Now Published

Cases: Section 998

Where Section 998 Offer Did Not Expressly Reference Dismissal Of Action, Entry Of Judgment By Accepting Offerees Was Proper.             In our April 30, 2021 post, we discussed Arriagarazo v. BMW of North America, LLC, Case No. C090980 (3d Dist. May 26, 2021) (published), which was unpublished when first issued on April 30, 2021.  It

Fee Clause Interpretation, Settlement: Post-Settlement Fee Efforts Were Not Compensable Under Specifically Crafted Fees Clause Agreed To By The Parties

Cases: Fee Clause Interpretation, Cases: Settlement

About $2.2 Million In Fees, Plus Multiplier, Denied To Plaintiff In Supplemental Fee Request.             Willis v. L.A. County Waterworks Dist. No. 40, Case No. F082766 (5th Dist. May 26, 2021) (unpublished) is an example of where a carefully crafted fees clause in a settlement agreement may govern supplemental fee requests by a claiming party.

Arbitration: $13,000 MFAA Arbitration Award To Law Firm Affirmed Even Though No Arbitration Right Notice To Send To Client

Cases: Arbitration

Sophisticated Client, An Attorney, Participated In MFAA Arbitration Such That Failure To Provide Notice Was Not Jurisdictional.             After participating in a Mandatory Fee Arbitration Act (MFAA), Bus. & Prof. Code, §§ 6200-6206, fee arbitration and losing to the tune of about $13,000, ex-client—a licensed attorney–appealed a confirmed fee award in favor of her ex-attorneys. 

Consumer Statutes, Section 998, Special Fee Shifting Statutes: Abuse Of Discretion Where Trial Court Reduced Song-Beverly Attorney Fees By Almost $100,000 Because Plaintiffs Rejected § 998 Offer That Was Only $8,500 Less Than Ultimate Settlement

Cases: Consumer Statutes, Cases: Section 998, Cases: Special Fee Shifting Statutes

The Trial Court Improperly Cut Off Fees Incurred After Plaintiffs’ Rejection Of The § 998 Offer Instead Of Engaging In A Lodestar Analysis Of The Entire Case Pursuant to Civil Code § 1794(d).             In Reck v. FCA US LLC, Case No. A157966 (1st Dist., Div. 1 May 24, 2021) (published), the trial court awarded

Indemnity, Substantiation Of Reasonableness Of Fees: Trial Court’s Complete Denial Of Attorney Fees And Costs To Contractor Prevailing On Contractual Indemnity Claims Affirmed On Appeal

Cases: Indemnity, Cases: Substantiation of Reasonableness of Fees

Contractor Failed To Support Its Roughly $570,000 Fees/Costs Request With Underlying Documentation And Testimony, And Made No Attempt To Allocate Fees Between Compensable And Noncompensable Claims.             In Paul Ryan Associates v. Catlin Specialty Ins., Case No. A156755 (1st Dist., Div. 5 May 21, 2021) (unpublished), contractor prevailing on summary judgment, against contractual indemnity

SLAPP, Substantiation Of Reasonableness Of Fees: Trial Court Properly Granted Landlord Defendant’s Anti-SLAPP Motion Against All Of Tenant’s Causes Of Action And Did Not Abuse Discretion In Awarding Landlord $4,890 In Fees And Costs.

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

All Of Tenant’s Claims Stemmed From Protected Activity Pursuant To Litigation Privilege.             Tenant sued landlord – claiming the content and service of a 3-Day Notice to Cure constituted breaches of covenants of good faith and fair dealing, quiet enjoyment, were defamatory, and interfered with the contractual and economic relationship between tenant and tenant’s domestic

SLAPP: $38,550 Attorney’s Fees Award And $2,498.55 Costs Award Against Plaintiff Dismissing Complaint Before SLAPP Motion Hearing Was Affirmed On Appeal

Cases: SLAPP

Test Is Whether The SLAPP Motion Would Have Been Granted Prior To Dismissal.             We have run into this issue before.  A plaintiff dismisses his/her case before a SLAPP motion is heard.  Does that preempt a mandatory SLAPP fees motion?  Answer:  Not at all, according to the next case—the lower court must determine if the

Settlement: Lack Of Mutual Assent Under Settlement Agreement On Attorney’s Fees Allocation Issue Rendered the Settlement Unenforceable

Cases: Settlement

That Vacated $77,980 In Attorney’s Fees And $12,144.45 In Costs In Favor Of Settling Plaintiff.             In Vasquez v. Jameson Management, Inc., Case No. D077598 (4th Dist., Div. 1 May 20, 2021) (unpublished), plaintiff/former employee and defendant/former employer tentatively agreed to a letter settlement on the eve of a FEHA disability trial by which financially

In The News . . . . City Of Fullerton Approves Settlement To Pay $230,000 In Legal Fees And $60,000 To Two Bloggers In Document Dispute

In The News

First Amendment Won Out In This One.             According to an article in the May 20, 2021 issue of The Orange County Register (online version here), Fullerton City’s Council last week voted to settle a lawsuit it filed against two bloggers for publishing certain information which the City claimed was stolen (later found out not

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