Author name: Marc Alexander

Deeds of Trust, Section 1717: Deed Of Trust Clause Allowing Fees To Be Added To Debt Did Not Create Civil Code Section 1717 Right To Fees In Favor Of Prevailing Borrower

Cases: Deeds of Trust, Cases: Section 1717

2/1 DCA Followed Analysis In Hart and Chacker.             In 8747 Shoreham, LLC v. Bank of New York Mellon, Case Nos. B294377/B296777 (2d Dist., Div. 1 Apr. 2, 2021) (unpublished), a decades-old real property dispute, owner obtained a default judgment against a deed of trust holder and then moved to recover attorney’s fees as prevailing […]

In The News . . . . Massachusetts Supreme Judicial Court Enters Two-Year Suspension For BigLaw Partner Who Added Fictional Hours To Billings, Even Though She Did Excellent Work

In The News

The Math Did Not Add Up.             As reported recently in the on-line version of the ABA Journal, a BigLaw partner in Massachusetts was suspended for 2 years after the Massachusetts Supreme Judicial Court found that she had added about $216,000 in fictional billings while at Saul Ewing, even though she did excellent work.  The

Judgment Enforcement: $118,148 In Postjudgment Enforcement And Appellate Fees Affirmed In Favor Of Prevailing Party

Cases: Judgment Enforcement

Many Of Appellant’s Challenges Foreclosed By Resolution In Prior Appeal Which Was Dismissed, With Remaining Challenges Not Surviving An Abuse Of Discretion Deferential Review Standard.             In Locke Management Assn. v. Esch, Case Nos. C087137/C088192 (3d Dist. Apr. 2, 2021) (unpublished), defendant lost a right of first refusal challenge by plaintiff where there were contractual

Employment: Appellate Court Refused To Award Appellate Fees To Three Prevailing Respondent Employees In Wage/Hour Overtime Case

Cases: Employment

Reason Was That Respondents Wanted 1.33 Positive Enhancement To The Lodestar Appellate Fee Request, Necessitating A Remand To The Trial Court To Determine Appellate Fees.             In Frattini v. First American Title Co. of Napa, Case No. A158995 (1st Dist., Div. 1 Mar. 30, 2021) (unpublished), three misclassified employees won a total of $414,743.80 against

Consumer Statutes: Reversal of Lemon Law Compensatory Damages Component For A Limited Restudy Also Required A Limited Re-Do On The Fee Award

Cases: Consumer Statutes

$29,357.35 Lemon Law Fee Award May Need To Be Increased Somewhat On Remand.             We have to say that appellate courts try to “telegraph” to litigants what needs to be done when there is a limited remand where fee recovery is involved.  That is what happened in Crayton v. FCA US, LLC, Case Nos. B294528

Family Law: Grandfather In Custody Battle With Grandson’s Father Loses Appeal Of Trial Court’s Orders That He Pay Needs-Based Attorney Fees Of $66,820 For Father’s Attorney, Plus An Additional $137,010 For Grandson’s Court-Appointed Attorney

Cases: Family Law

Grandfather, Who Paid Almost $500,000 To His Own Attorneys, Stipulated That He Could Afford To Pay Any Reasonable Amount Of Attorney Fees – Even Into The Hundreds Of Thousands Of Dollars – While Father’s Income & Expense Declarations Indicated A Monthly Income Of Only About $2,100.             After his daughter’s health deteriorated, grandfather stepped

Prevailing Party, Reasonableness Of Fees: Two Prevailing Party Fee Awards – Totaling $609,180 – To Plaintiff Assignee Attempting To Enforce Prior Judgment Affirmed On Appeal

Cases: Prevailing Party, Cases: Reasonableness of Fees

Original Judgment Creditor Had Satisfied Mediation Requirement In The Parties’ Fees Provision, And Defendants Failed To Raise Their Challenges To Specific Billing Entries Before The Trial Court Despite A Continuance To Allow Them To Do So.             Plaintiff buyer entered into a Purchase Agreement with defendant sellers for the purchase of sellers’ home.  The

Arbitration, Prevailing Party: $10,000 Attorney Fees Award To Prevailing Party On Motion To Vacate Arbitration Award Reversed On Appeal

Cases: Arbitration, Cases: Prevailing Party

The Parties’ Note Contained An Attorney Fees Provision, But Their Arbitration Agreement Did Not, And A Motion To Vacate An Arbitration Award Is Not An Action On A Note.             In Bilodeau v. Modern Mobile Homes, Case No. B302791 (2d Dist., Div. 6 March 29, 2021) (unpublished), plaintiff buyers entered into an agreement for

Discovery, Sanctions: 1/3 DCA Affirms Trial Court’s Order, Entered After Plaintiffs Voluntarily Dismissed The Case, Setting Aside Monetary Sanctions Previously Imposed Against Defendant For Discovery Abuses.

Cases: Discovery, Cases: Sanctions

Exceptions To The General Rule That Deprives Trial Courts Of Jurisdiction Following Voluntary Dismissal Of A Case Allow Trial Courts To Retain Jurisdiction To Determine And Enforce Collateral Statutory Rights – Such As Motions For Sanctions.             In Manhan v. Gallagher, Case No. A158152 (1st Dist., Div. 3 March 26, 2021) (published), plaintiffs filed

Appeal Sanctions, Private Attorney General: 4/1 DCA Denies Requests For Appeal Sanctions And Private Attorney General Fees To Derivative Action Plaintiffs That Were Successful In Proving Former President/CEO’s Breach Of Fiduciary Duty

Cases: Appeal Sanctions, Cases: Private Attorney General (CCP 1021.5)

Although Unsuccessful, Former President/CEO’s Arguments On Appeal Were Not Objectively Without Merit So As To Rise To The Level Of Frivolity Justifying Sanctions, And Plaintiffs Forfeited Their Claim To § 1021.5 Private Attorney General Fees By Not Making It Before The Trial Court.             In A&B Market Plus, Inc. v. Arabo, Case No. D073850

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