Author name: Marc Alexander

Request For Admissions: Plaintiff Found 75% Negligent In Bike-Truck Accident Properly Not Awarded Costs-Of-Proof Sanctions Where Defense Had Good Faith Belief In Contesting Negligence And Causation Issues

Cases: Requests for Admission

Defense Did Better Than “Hope Or A Roll Of The Dice” in Denying Two Key RFAs.             In Munoz v. County of Imperial, Case No. D075805 (4th Dist., Div. 1 Jan. 20, 2021) (unpublished), a bike rider sued after a personal injury accident with a pickup truck.  The jury awarded plaintiff $120,000 after determining she […]

Appealability, Employment, Intervenors, Prevailing Party, Section 1717: Bevy Of Appealability Issues And Prevailing Party Issues Were Resolved By 4/1 DCA Dispute Between Former Employer And Employee Over Return And Use Of Documents On A Jump Drive

Cases: Appealability, Cases: Employment, Cases: Intervenors, Cases: Prevailing Party, Cases: Section 1717

Employee Did Prevail On Employer’s Contract Claims, But Lower Court’s Reduced Fee Award For Prevailing On Labor Code Claims Was No Abuse Of Discretion—Given Attorney Intervenors Did Timely Appeal And Contest Merits Based On Their Attorney’s Lien Interest In Fees/Costs Awards.             This next case, Premier Mechanical Group, Inc. v. Harvey (Edwards), Case No. D075663

Costs: Reversal Of Costs Awarded To Defendants Necessitated By Reversal Of Trial Court’s Granting Of Defendants’ Summary Adjudication Motion On Negligent Misrepresentation Claim

Cases: Costs

Plaintiff Adequately Alleged Negligent Misrepresentation, Submitted Evidence Demonstrating A Triable Issue Of Fact, And Defendants Did Not Establish That Plaintiff Could Not Prove The Elements Of Negligent Misrepresentation.             For a nice discussion re the elements of intentional and negligent misrepresentation, we commend our readers read Borman v. Brown, Case Nos. D076239/D076748 (4th Dist.,

Arbitration: Arbitrator’s Decision To Reallocate Arbitration Attorney’s Fees And Costs Award In Payment Of Mortgage For Winning Tenants In Common Parties Was Proper

Cases: Arbitration

$304,894.15 Was The Reallocation Remedy.             Ahn v. Sanger, Case Nos. A157260/157935 (1st Dist., Div. 1 Jan. 15, 2021) (unpublished) demonstrates the breadth of arbitrators’ remedies as long as they rationally related to the contractual dispute being resolved.             There, in an initial arbitration, the Sangers won a contractual dispute against Ahn involving a multi-residential

SLAPP: $24,175 In Attorney’s Fees Award Was No Abuse Of Discretion For A Litigant Successfully Striking A Defamation Cross-Claim

Cases: SLAPP

No Meet And Confer Requirement Under SLAPP Statute, With Cross-Complainant Not Dismissing The Cross-Complaint Until After The SLAPP Motion Was Filed.             In Trinity Risk Management, LLC v. Simplified Labor Staffing Solutions, Inc., Case No. B297176 (2d Dist., Div. 8 Jan. 11, 2021 unpublished; published on Jan. 14, 2021), a cross-complainant—although indicating an intent to

Celebrities, News: Washington Post Reports That Donald Trump Has Instructed Aides Not To Pay Rudy Giuliani’s Legal Fees

Cases: Celebrities, In The News

Of Course, We Are High-Minded And Therefore Only Interested In The Potential Legal Issues . . .          On January 13, 2021, journalists Philip Rucker, Josh Dawsey and Ashley Parker of the  Washington Post, reported that outgoing President Donald Trump has instructed his aides not to pay Rudy Giuliani's legal fees. Specifically, they write: "Trump

Requests For Admission: $80,658.75 Costs-Of-Proof Sanctions Affirmed On Appeal

Cases: Requests for Admission

Initial Denial That Association Rules Were Violated, Conceded Later At Trial, Justified The Award.             In Verotel Merchant Services B.V. v. Rizal Commercial Bank, Case Nos. B276120/B281869 (2d Dist., Div. 4 Jan. 13, 2021) (unpublished), some plaintiffs won $1.526 million in compensatory damages and $7.5 million in punitive damages against defendants.  During the case, the

Prevailing Party: Litigant Successfully Opposing Attorney’s Fees Request Involving Pet Cemetery Dispute Properly Was Not Entitled To Fees As Prevailing Party

Cases: Prevailing Party

No Authority Provided To Show A Litigant Prevailed On Opposing A Fee Motion Where That Litigant Did Not Prevail On The Merits.             Allen v. MacIntosh, Case No. E073408 (4th Dist., Div. 2 Jan. 13, 2021) (unpublished) involved a trespass dispute on land which had a portion dedicated for use as a pet cemetery.  In

Substantiation Of Reasonableness Of Fees: No Abuse Of Discretion In Award Of $28,086 In Fees And $2,069.36 In Costs To Sellers Of Mobile Home Park Who Prevailed In Confirming Arbitration Award

Cases: Substantiation of Reasonableness of Fees

Buyer Failed To Meet Its Burden Of Rebutting Seller’s Showing Of Entitlement And Reasonableness Of Fees With Supporting Rebuttal Evidence.             In Kim v. PCP-Sundance, Case Nos. D076510/D076799 (4th Dist., Div. 1 January 11, 2021) (unpublished), buyer of a mobile home park sued sellers for $1,754,428.50 for breach of the parties’ Special Indemnity Agreement (SIA)

Family Law, Sanctions: Trial Court’s Award To Attorney Husband Of $800 In Attorney Fees In The Nature Of Sanctions Under Section 271 Reversed As A Matter Of Law

Cases: Family Law, Cases: Sanctions

Self-Represented Attorney Husband Incurred No Fees To Which The Section 271 Sanctions Must Be Tethered.             Family Code § 271, subdivision (a), provides that “the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law

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