Author name: Marc Alexander

Probate: $21,053.33 In Attorney Fees Awarded To Stepdaughter Executor, Which Included § 10811 Additional Fees For Extraordinary Services, Affirmed On Appeal Along With $5,075 In § 859 Penalties Imposed Against Decedent’s Son

Cases: Probate

Failure To Provide The Appellate Court With An Adequate Record Doomed Self-Represented Son’s Appeal.               In Estate of Greer, Case No. C087492 (3rd Dist., December 21, 2020) (unpublished), decedent’s will gave his entire estate to the trustee of his trust – with his son and stepdaughter each being a fifty percent beneficiary – and […]

Landlord/Tenant, Prevailing Party, Section 1717: Reversal Of $172,375 In Attorney Fees Awarded To Defendant Based On Trial Court’s Abuse Of Discretion In Finding Defendant Was The Prevailing Party

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 1717

Pursuant To Section 1717, Defendant Was Not The Prevailing Party As It Lost The Sole Cause Of Action In The Case – With The Jury Awarding $45,050 In Damages To Plaintiff For Defendant’s Breach Of The Written Lease Contract.             Waterwood Enterprises, LLC v. City of Long Beach, Case No. B296830 (2d Dist., Div. 1

SLAPP: 2/2 DCA Affirms $33,060 In Fees Awarded Against SLAPPing Defendants For Filing A Frivolous Motion To Strike For The Sole Purpose Of Delay

Cases: SLAPP

Defendants Could Not Strike A Cause Of Action For Breach Under The Anti-SLAPP Statute On The Ground Of Privileged Conduct Where Defendants Clearly Breached A Contract Not To Assert Particular Claims.             Rubin v. Kessler, Case No. B301967 (2d Dist., Div. 2 December 18, 2020) (unpublished) involves a bitter neighbor dispute – described by Los

Year In Review – 2020

Year in Review

Year End Wrap-Up: Mike, Marc, and Shanna’s Top 30 Decisions in 2020 Sculpture "The Decisions" at the Robert T. Matsui U.S. Courthouse, Sacramento, California. Carol M. Highsmith, photographer. October 2009.  Library of Congress. Part 1 of 2—Lemon Law, Class Action Settlement, Ethics, Civil Rights, and Specific Fee-Shifting Statutes Took the Stage.             It is

SLAPP: $43,000 Out Of Requested $66,750 In Fees Was Awarded Because The Defense Brought A Frivolous SLAPP Motion

Cases: SLAPP

Hourly Rate For One Attorney And Hearing Appearance Work Was Reduced.             Defendants, in bringing SLAPP motions, do not get a “pass the jail/wild card.”  If a defense motion is frivolous, then the plaintiff can move to recover attorney’s fees for successfully opposing the SLAPP motion.  That is what occurred in Lora v. Parter Medical

Consumer Statutes, Fee Clause Interpretation, Settlement: $65,000 Attorney’s Fees Award And $7,987.40 Costs Award Under Lemon Law Settlement Stipulation Are Affirmed On Appeal

Cases: Consumer Statutes, Cases: Fee Clause Interpretation, Cases: Settlement

Lower Court Properly Harmonized Seemingly Conflicting Terms Of Settlement Stipulation.             In Boykin v. Premier Universal, Inc., Case No. F078689 (5th Dist. Dec. 17, 2020) (unpublished), the parties settled a lemon law case, but reserved the issue of recovery of attorney’s fees for a subsequent motion.  The problem was that the settlement stipulation had conflicting

Family Law: $1,225 Section 271 Sanctions Award Reversed As A Matter Of Law

Cases: Family Law

No Due Process Was Satisfied And Ex-Husband Had No Ability To Pay.             Family law practitioners should pay attention to Mar v. Ligne, Case No. A158768 (1st Dist., Div. 2 Dec. 16, 2020) (unpublished) with respect to what needs to be done to sustain a Family Code section 271 sanctions award.             The 271 sanctions

Landlord/Tenant, Substantiation Of Reasonableness Of Fees: Landlord Seeking To Overturn $988,539 Attorney Fees Award To Prevailing Commercial Tenants In UD Action Gets Fee Award Reduced By Only $14,125 On Appeal

Cases: Landlord/Tenant, Cases: Substantiation of Reasonableness of Fees

No Abuse Of Discretion In The Trial Court’s Implied Finding That The Total Time Tenant’s Attorneys Spent Working On The UD Case And Subsequent Appeal Was Reasonable Given The High Stakes Involved In The Litigation.             In NHP/PMB Burbank Medical, etc. v. Premiere Medical, etc., Case No. B299841 (2d Dist., Div. 7 December 14, 2020)

Scroll to Top