Author name: Marc Alexander

Sanctions, SLAPP: $8,734.24 Mandatory SLAPP Fee Award Affirmed, But The $16,178.35 Sanctions Award Against Plaintiff And His Trial Attorney Reversed

Cases: Sanctions, Cases: SLAPP

Safe Harbor Provision Was Not Complied With.             Despite the conclusion that plaintiff’s complaint was totally frivolous in nature (agreeing with a lower court’s assessment to the same effect), a Second District panel reversed a $16,178.35 sanctions award against plaintiff and his trial attorney, under CCP §§ 128.5 and 128.7, based on not satisfying the […]

Special Fee Shifting Statute: $15,753 Discretionary Fee Award Against Unsuccessful Civil Harassment Plaintiff Affirmed On Appeal

Cases: Special Fee Shifting Statutes

82% Reduction Request Was Unreasonable Under The Circumstances.             In Huard v. Eldridge, Case No. B301903 (2d Dist., Div. 6 May 19, 2021) (unpublished), the parties’ jointly owned investment property led to two series of civil harassment restraining order proceedings.  The first round went to petitioner, who was awarded $4,500 out of a requested $22,543

Appeal Sanctions: Plaintiff Escapes Sanctions For Filing A Frivolous Appeal Of Judgment Entered In Defendant’s Favor After Having Filed Three Previous Unsuccessful Lawsuits Against Same Defendant Alleging Violation Of The Same Primary Right

Cases: Appeal Sanctions

Although No Sanctions Were Imposed, The 2/6 DCA Did Not Mince Words In Warning Plaintiff That Further Attempts To Litigate The Same Subject Matter Will Result In Sanctions.             Plaintiff filed four lawsuits against defendant seeking to vindicate her primary right to ownership interest in her home which had been foreclosed upon and sold at

Consumer Statutes, Multiplier, Reasonableness Of Fees: Trial Court Did Not Abuse Its Discretion In Awarding $20,000 Fee Award Out Of Requested $40,113.75 Base Lodestar

Cases: Consumer Statutes, Cases: Multipliers, Cases: Reasonableness of Fees

The Problem Was That The Case Was Routine Such That Hours Billed For “Cut And Paste” Activities Were Excessive, With A 25% Positive Multiplier Properly Denied.             In Fishback v. FCA US, LLC, Case No. B298677 (2d Dist., Div. 3 May 14, 2021) (unpublished), a lemon law plaintiff was awarded a lesser sum of attorney’s

Private Attorney General: Denial Of $250,000 Fees Request To Prevailing Respondent In Health Care Clinic Turf Battle Affirmed On Appeal

Cases: Private Attorney General (CCP 1021.5)

Respondent Had Too Much Of A Pecuniary Interest, Even As A Non-Profit With Respect To Stake In The Litigation.             Inyo County Local Agency Formation Commission v. Southern Mono Healthcare Dist., Case Nos. C085138/C086087 (3d Dist. May 13, 2021) (unpublished), involved a mandate petition filed by a petitioner against Southern Mono in what was, in

Substantiation Of Reasonableness Of Fees: $387,464.50 Postjudgment Fee Award Reversed Based On Block Billed Entries And Severely Redacted Entries With No Justification

Cases: Substantiation of Reasonableness of Fees

Entries Made It Hard To Discern What Work Was Performed.             We like the result reached in R Consulting & Sales, Inc., Case No. D076749 (4th Dist., Div. 1 May 13, 2021) (unpublished), where an appellate court reversed a $387,464.50 postjudgment CCP §§ 685.040 and 685.070 enforcement fees award because the petitioning fee claimant had

Discovery, Sanctions: $4,423 Discovery Sanctions Affirmed Against Plaintiff And Its Attorney On Appeal

Cases: Discovery, Cases: Sanctions

Reduced Sanctions Were Awarded, But Excuses For The Losing Side Were Not Credited.             We would say that Heesung Investment, Inc. v. Karle, Case No. E074320 (4th Dist., Div. 2 May 11, 2021) (unpublished) indicates that, like many other appeals, credibility reigns king.             This one involved reduced discovery sanctions of $4,423 against a litigant

Allocation, Indemnity, Section 1717, Seriously: 4/1 DCA Affirms $6,000 Damages Award And $143,183.55 Out Of Requested $572,730.11 § 1717 Fees To Prevailing Breach Of Contract Plaintiff Who Proved $1,463,745 In Damages At Trial

Cases: Allocation, Cases: Indemnity, Cases: Section 1717, Seriously

Plaintiff’s Failure To Conduct Due Diligence Prior To Entering Into Commercial Lease And Failure To Mitigate Damages Once Problems Arose Left Him Upside-Down By More Than A Million Dollars When All Was Said And Done             Sherwood v. Vogele, Case No. D076776 (4th Dist., Div. 1 May 7, 2021) (unpublished) highlights the importance of

Deadlines, Sanctions: $1,500 In Code Civ. Proc. § 2023.030 Sanctions Issued Against Nonparty, For Failure To Comply With A Deposition Subpoena For Production Of Business Records, Reversed On Appeal

Cases: Deadlines, Cases: Sanctions

The Deposition Subpoena And Motion To Compel Compliance Were Not Properly Served On Nonparty, Plus The Motion To Compel and For Sanctions Was Untimely.             In Yousif v. Alpine Orthopedic Medical Group, Case No. F078734 (5th Dist., May 7, 2021) (unpublished), certain defendants in a malpractice action sought discovery from a nonparty doctor through a

In The News . . . . KQED News Report Indicates That 90% Of Funds In First Year Of Operation For PG&E Fire Reimbursement To Camp Fire/Paradise Victims Went To Overhead

In The News

Much Of That Overhead Was Law Firm And Claim Administration Expenses.             In a May 7, 2021 article in The Orange County Register, KQED News has reported that 90% the funds from a trust set up to compensate victims in the Camp/Paradise fires, in its first year of operations, was spent on overhead, including attorneys,

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