Author name: Marc Alexander

Partition: Costs Of Partition, Including Some Reasonable Attorney’s Fees, Were Properly Awarded Against Defendant Brother Who—After 11 Years Of Resistance—Sold A Tenant In Common Property Based On Plaintiff Sister’s Partition Action

Cases: Partition

Fifth District, In An Emerging Trend, Sides With Lin Opinion On Allowing Partition Costs Award Disproportionate To One Party’s Interest In The Property.             In Tolley v. Kobzoff, Case No. F078021 (5th Dist. Dec. 8, 2020) (unpublished), plaintiff sister brought a partition action to force a sale of tenant-in-common property owned with defendants sister and […]

Ethics: Orange County Bar Association Civility Guidelines Will Be Made A Part Of Local Rules

Cases: Ethics

However, They Are Only Guidelines And Not An Independent Basis For Sanctions, Discipline, Or More Litigation—But They Are Salutary In Nature And Should Be Followed. Tut Jackson (left) and Jack Johnson shaking hands prior to their bout for the World’s Heavyweight Championship, W.E. Palmer, photographer, 1922. Library of Congress.             Co-contributor Marc was given

Taxation: $180,000 Fees Award To Chinese Theatres Under Revenue And Taxation Code Section 1611.6 Reversed As A Matter Of Law

Cases: Taxation

Yes, The Case Did Involve The Historical Grauman’s Chinese Theatre In Hollywood. Grauman’s Chinese Theatre. Carol M. Highsmith, photographer. Library of Congress.             The real property upon which the historical Grauman’s Chinese Theatre in Hollywood was located happened to be involved in a tax assessment dispute in the next opinion we discuss, Chinese Theatres, LLC

Section 1717: Third District Reverses Denial of § 1717 Attorney Fees To Alter Ego Defendant Who Prevailed Against Tort Claims Following Plaintiff’s Voluntary Dismissal Of Breach Of Contract Claim

Cases: Section 1717

Court Of Appeal Followed Reasoning In MSY Trading.             Two alter ego defendants moved for Civ. Code § 1717 attorney fees subsequent to prevailing on the tort causes of action against them after plaintiff voluntarily dismissed its breach of contract claims.  The trial court determined that there was no basis for reciprocal fees on

Arbitration, Section 1717: Denial Of Plaintiff’s Petition To Compel Arbitration And Award Of $32,757.04 In § 1717 Attorney Fees To Defendant Based On Fees Provision In Arbitration Clause Affirmed On Appeal

Cases: Arbitration, Cases: Section 1717

Inconspicuous Nature Of Arbitration Clause Deprived Defendant Of Procedural Due Process, And Denial Of Plaintiff’s Petition Disposed Of The Action Entitling Prevailing Defendant To Attorney Fees Per Civil Code § 1717.             In Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc., Case Nos. B292863/B294788 (2d Dist., Div. 6 December 4, 2020) (published),

Reviews: Sweet Taste Of Liberty, Reviewed By Blog Co-Contributor Marc

Reviews

Co-Contributor Marc Has Reviewed Sweet Taste of Liberty, And A Link To The Review Is Included Below.         Rice University historian W. Caleb McDaniel won the Pulitzer Prize in history for this remarkable story about Henrietta Wood, an enslaved person in Kentucky, who was freed in Ohio, kidnapped by a slave broker, re-enslaved, sold in

Ethics, Retainer Agreements: December 2020 Article In The Orange County Lawyer Has Nine Practical Tips To Increase Collections And Avoid Costly Fee Disputes

Cases: Ethics, Cases: Retainer Agreements

Local Orange County Attorney Michael S. LeBoff Provides The Nine Tips.             In the December 2020 edition of the Orange County Lawyer magazine, Michael S. LeBoff, a partner at Klein & Wilson, in Newport Beach, California, has authored an article entitled “Increase Collections and Avoid Costly Fee Disputes:  Nine Practical Tips.”  We now summarize some

Civil Rights, In The News: Lawyer Winning $1 From Jury, In Federal Civil Rights Case, Was Awarded $1 In Attorney’s Fees And $862 In Costs Arising From Police Snatching Of A Pen

Cases: Civil Rights, In The News

$44,800 In Fees Requested, But Symbolic Victory Only Entitled A Nominal Fee Award—This Was Not A Federal Case; “Don’t Make A Federal Case Out Of That.”             An attorney got into an altercation at a police headquarters when attempting to serve a lawsuit.  The police’s office for receipt for service was closed, and two officers

Discovery, Sanctions: Monetary Discovery Sanctions Improperly Denied Against Litigants Under “Unjust” Exception Simply Because Other Terminating Sanctions Granted Previously

Cases: Discovery, Cases: Sanctions

However, Litigant’s Attorneys Were Not Subject To Sanctions Because No Evidence Indicated The Attorneys Advised The Clients To Engage In The Discovery Violations.             Litigators need to read the Sixth District’s recent decision in Kwan Software Engineering, Inc. v. Hennings, Case Nos. H042715 et al. (6th Dist. Dec. 2, 2020) (published) on sanctions available for

Homeowner Associations: $260,625 Attorney’s Fees Award To HOA and Two Homeowners Prevailing On CC&R Short-Term Vacation Rental Dispute Affirmed

Cases: Homeowner Associations

$313,721 Was The Fee Order Request.             We have many times indicated that HOA-homeowner disputes can be expensive as far as fee-shifting is concerned.             Lastavich v. Nob Hills Homeowners Assn., Case No. D075466 (4th Dist., Div. 1 Dec. 2, 2020) (unpublished) is an illustration of how this panned out in a real case.  There,

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