Author name: Marc Alexander

Fees as Damages: Attorneys Asserting Claim For A Client In Order To Collect Some Of Their Attorney’s Fees Does Not Constitute Improper Purpose To Sustain A Malicious Prosecution Claim

Cases: Fees as Damages

Kentucky Supreme Court So Holds In July 2020 Published Opinion.             Malicious prosecution, in California and most jurisdictions, has an improper purpose element with respect to filing or prosecuting a claim—with Kentucky labeling malicious prosecution as a wrongful use of civil proceedings claim.  The Kentucky Supreme Court, in Seiller Waterman, LLC, et al. v. RLB […]

Prevailing Party, Receivers, Special Fee Shifting Statutes: City Of Norco v. Mugar Is Now A Published Decision.

Cases: Prevailing Party, Cases: Receivers, Cases: Special Fee Shifting Statutes

Trial Court’s Determination That Plaintiff City Was The Prevailing Party Was Proper Under Catalyst Theory, City’s Arrangement With Outside Counsel Did Not Violate Defendant’s Due Process Rights, And Fee Award Of $60,798.94 To City Was Not Meant To Penalize Defendant For Defending Property Rights.             We discussed City of Norco v. Mugar, Case No. E072858

Fee Clause Interpretation, Section 1717: Attorney Fees Awarded To Prevailing Plaintiff On Its Tort Cause Of Action Reversed On Appeal

Cases: Fee Clause Interpretation, Cases: Section 1717

The Fees Clause In The Parties’ Contract Covered Only Contract Claims And Plaintiff’s Tort Claim Was Not Inextricably Intertwined With Its Dismissed Contract Claim.             In WindAirWest v. Castle & Cooke, Case Nos. B295513 and B299043 (2d Dist., Div. 3 January 8, 2021) (unpublished), plaintiff, an operator of a private jet charter company, entered into

Appealability, Landlord-Tenant, POOF!: Reversal Of Unlawful Detainer Judgment Against Landlords Required Reversal Of Related Attorney’s Fees/Costs Award

Cases: Appealability, Cases: Landlord/Tenant, Cases: POOF!

In Separate Merits Appeal, Appeal Was Cognizable Although Possession Returned To Landlords During Appeal Because Review Would Determine Landlord Liability For Fees/Costs.             In Lee v. Kotyluk, Case No. G058631 (4th Dist., Div. 3 Jan. 7, 2021) (published), landlords sought to evict a commercial tenant for selling marijuana without a license.  The lower court found

Probate, Substantiation Of Reasonableness Of Fees: Attorney Fees By Three Firms Granted To Trustee In Long-Standing Dispute Were Affirmed On Appeal

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

Fees To Three Firms Representing Trustee In Multiple Venues Was Just Fine In This Context.             A beneficiary under a trust, which engaged in a long-standing dispute against trustee in multiple venues (California superior court, California appellate court, U.S. bankruptcy court, and the Ninth Circuit Court of Appeals), was not happy when well-documented fees incurred

Appealability, Costs: Appeal Of Post-Judgment Order Striking Request For Costs Dismissed On Appeal Against Plaintiffs Who Did Obtain A Merits Reversal Of A Demurrer To A Brown Act Mandate Petition

Cases: Appealability, Cases: Costs

Reason For The Dismissal Was Plaintiffs’ Failure To Adequate Raise Or Brief The Issue.              In New Livable California v. Assn of Bay Area Governments, Case No. A159235 (1st Dist., Div. 3 Dec. 18, 2020 December 18, 2020, published on Jan. 6, 2021), plaintiffs lost a Brown Act writ of mandate petition on a demurrer,

Homeowner Associations: $492,592 Fee Award To HOA And Neighboring Homeowners, Combined, Affirmed On Appeal After Homeowners Lost View Protection Dispute

Cases: Homeowner Associations

HOA View Disputes Can Be Costly.             Under this category, we have indicated that fee awards can be costly for homeowners and homeowner associations/directors/property managers/neighboring homeowners caught in the middle of “view protection” disputes.  The next case is yet another example of that.             In Davis v. Irvine Terrace Community Assn., Case Nos. G057682/G058266 (4th

IN THE NEWS . . . . CALIFORNIA RANKS #3 ON “JUDICIAL HELLHOLES” 2020-2021 RANKINGS

In The News

Proposition 65; Lemon Law; PAGA; Privacy Act; ADA; and Public Nuisance Issues Abounded.             The American Tort Reform Foundation published its 2020-2021 “Judicial Hellholes” report, traditionally reporting the jurisdictions where businesses should fear having to be subject to as far as venue from a plaintiff’s perspective.             California actually slipped to #3, below Philadelphia/Pennsylvania and

Taxation: Chinese Theatres Has Been Certified For Publication.

Cases: Taxation

Revenue and Taxation Code § 1611.6 Fees Award Of $180,000 To Chinese Theatres Was Reversed On Appeal As A Matter Of Law             In a December 9, 2020 post, we discussed Chinese Theatres, LLC v. County of Los Angeles, Case No. B302708 (2d Dist., Div. 3) which was unpublished at that time.             In Chinese

Landlord/Tenant, Section 1717: Fees Award Of $80,411.50 To Prevailing Plaintiff In Commercial Lease Dispute Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Section 1717

Defendant Failed To Support Its Sole Argument, Raised For The First Time On Appeal, With Evidence, Analysis Or Authority – Thus Waiving Its Only Argument On Appeal – And Its Sole Argument Asked The Appellate Court To Second-Guess The Trial Court’s Evaluation Of The Evidence.             In KJ Investment Group v. American Heritage College, Case

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