Author name: Marc Alexander

Intellectual Property: Federal CFFA Statute Does Not Allow For Recovery of Routine Litigation Expenses, But Does Allow For Attorney’s Fees Recovery Relating To Investigation And Recovery Of Losses

Cases: Intellectual Property

Unpublished 2/5 DCA Decision So Found.             Instant InfoSystems, Inc. v. Open Text, Inc., Case No. B297123 (2d Dist., Div. 5 Apr. 20, 2021) (unpublished) involved, among others, a claim under the Computer Fraud and Abuse Act (CFFA) (18 U.S.C. § 1030), which principally focuses on computer intrusions (such as hacking).  CFAA does have some […]

Section 998: Doctor Hit With Large Medical Malpractice Verdict And Over $2.5 Million In Prejudgment Interest, The Latter Via A Refused 998 Offer, Forfeited Challenge To Invalidity Of Offer

Cases: Section 998

Challenge Never Raised Below And Doctor Took A Contrary Stance Below.             In McCarley v. Anesthesia Service Medical Group, Case No. D074353 (4th Dist., Div. 1 Apr. 20, 2021) (unpublished), plaintiff won a substantial medical malpractice verdict against a doctor, who rejected a CCP § 998 offer which was beaten by plaintiff after trial and

Retainer Agreements: If Your Retainer Provides For A Deed Of Trust, Make Sure It Is B&P Section 6148 Compliant

Cases: Retainer Agreements

Contractual Breach/Quantum Meruit Claims Did Not Succeed On Behalf Of Noncompliant Attorney Seeking Deed Of Trust Recovery.             In Bishop v. Middleton, Case No. B299145 (2d Dist., Div. 5 Apr. 20, 2021) (unpublished), attorney sought to recover attorney’s fees under breach of contract and quantum meruit theories against a client on the theory that a

Section 1717: $102,036.50 Contractual Fees Award Affirmed Where Certain Arguments For Reduction Were Forfeited And Prevailing Party’s Majority Shareholder Status In Prevailing Party Did Not Result In Trope Disqualification

Cases: Section 1717

Trial Judge Did Reduce Award From Requested $132,036.50 In Fees, Despite Prevailing Party Winning Only $16.259.41 In Compensatory Damages.             Westside Investments, Inc. v. Dolberry, Case No. B299033 (2d Dist., Div. 7 Apr. 20, 2021) (unpublished) was a situation where plaintiff won a contractual case involving an automobile lease to the tune of $16,259.41 in

Landlord/Tenant: Property Caretaker And Listing Agent, After Foreclosure, Were Not Landlords So As To Provide Fee Entitlement Under Civil Code Section 789.3(d)

Cases: Landlord/Tenant

Fee Entitlement Was Not Established Factually.             In Neff v. Boschee, Case No. B302775 (2d Dist., Div. 6 Apr. 20, 2021) (unpublished), former tenants who were ousted after a bank foreclosure sought attorney’s fees against a property caretaker and a listing agent, even though nothing established they were landlords of the property even though they

Judgment Enforcement, Liens For Attorney Fees: $155,524.55 In Funds Transferred To Former Client Through Successor Counsel’s Client Trust Account Properly Awarded To Former Counsel

Cases: Judgment Enforcement, Cases: Liens for Attorney Fees

Successor Trustee’s Transfer Of Client’s Funds From His Client Trust Account Into His General Account Did Not Transform The Funds Into Successor Counsel’s Money Nor Affect Former Counsel’s Ability To Enforce His Lien. The Queen Mary, once a proud ocean liner, then a floating hotel, Long Beach, California.  Between 1980 – 2006. Photographer, Carol M.

Employment, SLAPP: Reversal Of Defendant’s Successful SLAPP Motion Necessitated Reversal Of Defendant’s $44,800 § 425.16(c)(1) Attorney Fees Award.

Cases: Employment, Cases: SLAPP

The Protected Activity Claimed By Defendant Supported Only An Element Of Plaintiff’s Causes Of Action, But Did Not Subject Those Causes Of Action To A Challenge Under Code Civ. Proc. § 425.16.             In Verceles v. Los Angeles Unified School Dist., Case No. B303182 (2d Dist., Div. 7 April 19, 2021) (unpublished), FEHA plaintiff

Special Fee-Shifting Statutes: In A 2-1 Decision, Ninth Circuit Reverses District Court’s Determination That FOIA Plaintiff Who “Substantially Prevailed” By Obtaining Relief Through A Judicial Order Was Ineligible For Fees Award

Cases: Special Fee Shifting Statutes

Dissent Was Based On Plaintiff’s Failure To Show That His Lawsuit, Rather Than A Change In Circumstances, Was A Substantial Cause Of The Relief He Obtained.             The Freedom of Information Act (FOIA) allows district courts to assess reasonable attorney fees and costs against the United States in any FOIA case in which the

In The News . . . . Attorney Fired In Case Against GM Only Gets $3,052.50 In Attorney’s Fees And Zero Expenses Despite Seeking $17,270 In Fees And $4,646.97 In Expenses

In The News

Federal District Judge Said Expenses Already Reimbursed And Attorney Does Not Get Fees For Work After He Was Fired.             As reported by Debra Cassens Weiss in the April 15, 2021 on-line ABA Journal, a federal district judge in In re General Motors LLC Ignition Switch Litig., Case No. 17-CV-9353 (JMF) (Apr. 13, 2021 order)

Choice Of Law: Federal Courts Do Not Automatically Enforce Foreign Choice Of Law Clauses With Respect To Fee Recovery

Cases: Choice of Law

It All Depends On Whether The Issue Is Substantive Or Procedural.             So, you have a commercial transaction in which an agreement has a choice-of-law clause indicating that attorney’s fees will be awarded under the English rule (by which the losing party has to pay reasonable attorney’s fees to the prevailing party).  Does this automatically

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