Author name: Marc Alexander

Discovery, Sanctions: Continued Deficiencies In Discovery Responses Resulted In Monetary And Evidentiary Sanctions Against Self-Represented Plaintiff, And Ended In Terminating Sanctions.

Cases: Discovery, Cases: Sanctions

Affirmance Of The Terminating Sanctions Mooted Plaintiff’s Appeal Of The Trial Court’s Order Sustaining Defendants’ Demurrers And Motions To Strike.             Following ten months of meet and confer correspondence, seven sets of amended discovery responses, and impositions of evidentiary and $8,000 in monetary sanctions, the trial court issued terminating sanctions with prejudice against self-represented […]

Appeal Sanctions, Civil Rights: 2/5 DCA Imposes Sanctions Against County Of Los Angeles For Frivolous Appeal Of Trial Court’s FEHA Fee Denial Based On Finding That Former Employee Plaintiff’s Claims Were Not Frivolous, Vexatious Or Unreasonable

Cases: Appeal Sanctions, Cases: Civil Rights

Although The 2/5 DCA Initially Considered Imposing $8,500 Against County, It Ultimately Reduced The Appeal Sanctions To $900 Based On Contrition Shown By County’s Counsel.             In Sepah v. County of L.A. Dept. of Mental Health, Case No. B297642 (2d Dist., Div. 5 March 25, 2021) (unpublished), former employee sued the County of Los Angeles,

Fee Clause Interpretation, Section 1717: $795,728 Fee Award To Litigant Affirmed On Appeal Based On Broad Stock Purchase Agreement Fees Clause, But $926,170 Fee Request Properly Denied As Untimely As Well As Not Allowed Under Promissory Notes Fees Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

In The End, This Dispute Was Driven By The Fee Clauses “Four Corner” Interpretation.             Justice Fybel, as the authoring justice in Dohr v. Lintz, Case Nos. G056144/G058796 (4th Dist., Div. 3 Mar. 24, 2021) (unpublished), was faced with consolidated appeals where a $795,728 fee award was trying to be sustained and where a $926,170

Section 998: Costs Were Properly Assessed Under 998 Offer Because The Release Was Limited And No Authority Showed A Good Faith Settlement Determination Rendered The Offer Invalid

Cases: Section 998

$4,613.61 Costs Hit, After Adjustment For Damages Award, Was The Net Result.             In Neff v. Anderson, Case No. B306263 (2d Dist., Div. 6 Mar. 24, 2021) (unpublished), plaintiffs challenged a $4,613.61 costs award based on a CCP § 998 offer by defendant RE/MAX.  The underlying case concerned damages to plaintiffs’ personal property which was

Arbitration: $66,375 Fee Award In A Convoluted Arbitration Battle Over “Consumer Arbitration” Rights Issue Affirmed On Appeal

Cases: Arbitration

4/3 DCA Determines That Interim Fights On Arbitration Threshold Issues Gave A Basis For Fees.             This next one, Just a Fluke, Inc. v. Litalien, Case No. G058535 (4th Dist., Div. 3 Mar. 23, 2021) (unpublished), while convoluted, still shows that potentially arbitrating parties need to make sure they are not going to litigate and

Costs, Prevailing Party: No Abuse Of Discretion In Trial Court’s Denial Of Prevailing Party Fees And Determination That There Was No Prevailing Party In Mixed Results Action

Cases: Costs, Cases: Prevailing Party

It Is Well Within The Trial Court’s Discretion To Make A Determination That Neither Party Prevailed Sufficiently To Justify An Award Of Attorney Fees.             In Ayala Boring v. HPS Mechanical, Case No. D076054 (4th Dist., Div. 1 March 19, 2021) (unpublished) – which resulted in two separate appeals – contractor defendant entered into a

In The News . . . . OC Board Of Education/School Superintendent Al Mijares Dispute Have Generated Lots Of Fees, Most Of Which Are Picked Up By Taxpayers

In The News

Recent Orange County Register Article Reports What Happened.             In a March 21, 2021 article by Roxana Kopetman in The Orange County Register (you can access the online version here), there is a report of the attorney’s fees expended in various disputes between the Orange County Board of Education and School Superintendent Al Mijares, many

Fee Clause Interpretation, Section 1717, Unlicensed Contractor: Section 1717 Fees Of $231,834 To Defendant Prevailing Against Statutory Claims Affirmed “Because Of” Broad Fee Provision In Parties’ Contract

Cases: Fee Clause Interpretation, Cases: Section 1717, Cases: Unlicensed Contractors

Parties’ Fee Provision Encompassed Tort and Statutory Causes Of Action Commenced “Because Of” An Alleged Breach Of Contract.             In San Francisco CDC LLC v. Webcor Construction L.P., Case Nos. A156669/A157650 (1st Dist., Div. 1 March 19, 2001) (published), plaintiff paid defendants approximately $144 million for the construction of a hotel in San Francisco.  Eight

In The News, Sanctions: Attorneys In Voting Dispute Sanctioned For Not Being Candid With The Court

Cases: Sanctions, In The News

They Should Have Revealed That An Almost Identical Motion Was Made And Denied Before.             As recently reported in the on-line ABA Journal, the Fifth Circuit Court of Appeals in Texas Alliance for Retired Americans v. Hughs, No. 20-40643 (5th Cir. Mar. 11, 2021) (per curiam, 2-1 vote) issued sanctions against defendant’s attorney in a

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