Author name: Marc Alexander

Section 1717: No Error In Trial Court’s Denial Of Prevailing Defendants’ Request For Code Of Civil Procedure Section 1717 Attorney Fees Of $274,672.50 And Costs Of $31,150.71

Cases: Section 1717

Defendants’ Section 1717 Motion For Fees And Costs Was Based On An Attorney Fees Provision Contained In An Agreement Summarizing The Parties’ Oral Agreements That Was Never Signed, And Plaintiffs Included Only A Generic Prayer For Fees In Their Complaint Without A Source For The Request.             In Magco Drilling v. Neville, Case No. […]

Prevailing Party, Section 1717: 2/5 DCA Affirms Trial Court’s Award Of $225,000 § 1717 Prevailing Party Attorney Fees Plus $55,000 In Appellate Attorney Fees To Defendant Succeeding On Equitable Causes Of Action

Cases: Prevailing Party, Cases: Section 1717

Although Plaintiff Prevailed On The Unlawful Detainer Claim, Defendant Obtained Greater Relief, And The Parties’ Contract Fees Provision Encompassed Both Contract And Tort Causes Of Action.             We previously discussed a prior appeal from this next case, which stemmed from a landlord/tenant dispute over the use of six parking spaces, in our May 23,

Fee Clause Interpretation, Landlord-Tenant: Landlord Winning Malicious Prosecution Suit Against Former Tenants Was Properly Denied Contractual Fee Recovery

Cases: Fee Clause Interpretation, Cases: Landlord/Tenant

Narrow Breadth Of The Lease Fee Shifting Provision Sealed The Result.             The 2/2 DCA in Vaughn v. Darwish, Case Nos. B296693/B305132 (2d Dist., Div. 2 Nov. 12, 2020) (unpublished), did express introductory exasperation about the length of the landlord/tenants’ dispute – going back to 2010, which generated 8 lawsuits, 8 appeals, and 5 writ

Costs, Discovery: D.C. Circuit Decides That Only Electronic File Conversion Costs, Not Hosting, Organizing, Or Bates Stamping Expenses, Can Be Recovered By Federal Court Winners

Cases: Costs, Cases: Discovery

Interpretation Of The Scope of 28 U.S.C. § 1920 Was At Issue.             28 U.S.C. § 1920 provides:  “A judge or clerk of any court of the United States may tax as costs the following:  (1) Fees of the clerk and marshal; (2) Fees for printed or electronically recorded transcripts necessarily obtained for use in

Class Actions: Ninth Circuit Clarifies What Method Should Be Used To Calculate Attorney’s Fees Under CAFA In A Mixed Coupon/Non-Coupon Class Action Settlement

Cases: Class Actions

Percentage Of Value Governs Coupon Portion And Lodestar Governs Non-Coupon Portion, Articulating How To Calculate Lodestar In The Latter Situation; But …. Lodestar Can Be Applied In A Mixed Settlement If Adjustments Are Made For Coupon Portion Of Settlement.             Practitioners and district judges in the Ninth Circuit should welcome the circuit court’s clarification of

Costs: $27,000 In Third Party Litigation Company Filing Expenses, Deposition Transcripts/Videos, Trial Binders, And Deposition Travel Expenses Were Properly Awarded

Cases: Costs

Losing Plaintiff Could Not Overcome Abuse Of Discretion Standard.             Code of Civil Procedure sections 1032, 1033, and 1033.5 are the main statutory provisions which govern the award of “routine” costs to a prevailing party in California state court litigation.  This is the way it works for the prevailing party:  there are specific categories of

Allocation, Employment, Section 998: Cruz v. Fusion Buffet, Inc. Is Now A Published Decision

Cases: Allocation, Cases: Employment, Cases: Section 998

Labor Code Cost-Shifting Provisions Trumped Code of Civil Procedure Section 998’s Cost-Shifting And Meant No Fees/Costs Recovery For Successful Section 998 Defendants.             We discussed Cruz v. Fusion Buffet, Inc., Case No. D075479 (4th Dist., Div. 1), in our October 17, 2020 post, which was unpublished at the time.             In Cruz, defendants

Allocation; Landlord/Tenant: $29,490 In Contractual Fees To Married Residential Tenants Prevailing In Unlawful Detainer Action Was No Abuse of Discretion

Cases: Allocation, Cases: Landlord/Tenant

Lack Of Hearing Reporter’s Transcript Hampered Review, But Attorney Efforts Benefitting Joint Tenants, Even If Attorney Only Formally Retained By One Tenant, Was Appropriate.             In Ahdoot v. Chernyavskiy, Case No. B303359 (2d Dist., Div. 2 Nov. 4, 2020) (unpublished), landlord lost an unlawful detainer on summary judgment to two married residents based on a

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