Author name: Marc Alexander

Reasonableness Of Fees: Reduction Of Requested Contractual Fees Award By Over $250,000 For Excessive Collaboration And Block Billing Was No Abuse Of Discretion

Cases: Reasonableness of Fees

Defendants’ Final Award Was $410,115.50.             In Barto/Signal Petroleum, Inc. v. Boneyard, LLC, Case No. B299794 (2d Dist., Div. 8 Apr. 29, 2021) (unpublished), defendants prevailed and sought attorney’s fee under a contractual fees clause in a settlement agreement.   They were awarded $410,115.50 in fees, a reduction of over $250,000.  That result was affirmed on […]

Fees as Damages: Trial Court Erred In Granting Motion In Limine And Denying Motion To Amend To Allow Plaintiff To Pursue Attorney’s Fees As Damages In Residential Rescissionary Case

Cases: Fees as Damages

First District Suggests That Nonstatutory Motions For Judgment On The Pleadings Might No Longer Be Viable And Cautions Against Use Of Motions In Limines As Substitutes For Statutorily Authorized Dispositive Motions.             Plaintiff in Tung v. Chicago Title Co., Case No. A151526 (1st Dist., Div. 3 Apr. 28, 2021) (published) sought attorney’s fees as damages

Prevailing Party: Residential Owners And Contractor, Each Winning On Their Dueling Contract Claims, Were Properly Found Not To Be The Prevailing Side

Cases: Prevailing Party

No Clear Winner And Mixed Results Sealed That Conclusion, With A Mechanical, Arithmetic Approach Not Being The Dispositive Calculus.             Residential owners, contractor, and subcontractors got into a brouhaha about the construction on a residential house, resulting in residential owners winning $160,000 on a contractual delay claim, contractor winning $535,000 on a contractual cross-claim for

Family Law, Probate: Husband Of Spendthrift Trust’s Beneficiary, Successfully Joining Trustee To Dissolution Proceeding, Potentially Entitled To Needs-Based Fees Even If No Bad Faith Demonstrated Against Trustee

Cases: Family Law, Cases: Probate

Collision Between Family Law And Probate Principles Came Out In Favor Of Section 2030.             In Marriage of Wendt and Pullen, Case No. C084083 (3d Dist. Apr. 28, 2021) (published), the Third District encountered the intersection of Family Code section 2030’s need-based fees award statute with Probate Code/spendthrift provisions relating to trust administration practices (including

SLAPP: $500 Contractual Fee Cap In Contractual Fees Clause Did Not Govern Recovery To Prevailing SLAPP Party

Cases: SLAPP

No Authority Cited To Engraft Contract Principle Into SLAPP Recovery.             We do have to hand it to the non-prevailing party on a SLAPP motion for creativity.  In Ricketts v. Integrity Property Management, Case No. B302685 (2d Dist., Div. 5 Apr. 27, 2021) (unpublished), a non-prevailing SLAPP litigant argued that mandatory SLAPP fees were “capped”

Interest: Postjudgment Interest On Prejudgment Fees/Costs Begins Accruing On The Date Of The Judgment Or Order Establishing A Party’s Right To Recover Fees/Costs Whether Or Not That Recoverable Amount Has Been Established

Cases: Interest

Lucky Did Not Reach All Aspects Of The Issue Before The 4/1 DCA – With Copper Liquor Being More In Line With The Panel’s Construction Of The Enforcement Of Judgments Law. Steve Jobs [Apple computer].  1984.  Photographer Bernard Gotfryd. Library of Congress.             For a great discussion on the start date for the accrual

In The News . . . . CALA Sponsored 2021 Report Finds That Tort Reform In California Would Save Residents And Businesses Nearly $25 Billion In Savings

In The News

COVID-19, PAGA, And ADA Suits Cited, With Report Finding That Each California Resident Pays A “Tort Tax” Of Over $574 Per Person.             Citizens Against Lawsuit Abuse (CALA), based on a recent 2021 report by John Durham & Associates entitled “The Impact of Tort Costs and the Potential Economic Benefits of Tort Reform in California,”

Private Attorney General: Even Though CHP Violated Detainee Policy On Medical Treatment, The Result Was Factually Sensitive Such That CCP § 1021.5 Fees Were Properly Denied

Cases: Private Attorney General (CCP 1021.5)

Although Many Of The Factors Were Present, Absence of Vindication Of An Important Right Affecting The Public Interest Was A Correct Conclusion By The Lower Court.             In Frausto v. California Highway Patrol, Case No. A159504 (1st Dist., Div. 2 Apr. 22, 2021) (unpublished), as often is the case, the case ultimately came down to

Damages: Although Attorney’s Fees Are Not Generally Awardable As Damages In Personal Injury Or Normal Contract Cases, Failure To Object To Fee Testimony And Ask For CACI NO. 3964 Instruction Did Not Prevent Jurors From Awarding Fees In Contract Action

Cases: Fees as Damages

2/6 DCA Has A Good Discussion Of How Defense Should Proactively Prevent Fees From Being Awarded As Part Of A Routine Contract Breach Case Where Fees Should Be Considered As Post-Judgment Costs By The Trial Judge.             Norholm v. Cirovic, Case No. B308563 (2d Dist., Div. 6 Apr. 22, 2021) (unpublished) is an interesting case

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