Author name: Marc Alexander

Prevailing Party: Under Contractual Fees Clause, $145,116.38 In Attorney’s Fees and Costs Properly Awarded To Defendant/Defensive Cross-Complainant As Prevailing Party In Loan Dispute

Cases: Prevailing Party

Defendant Did Prevail—Defensed Complaint Entirely, Which Mooted Most Of His Cross-Complaint Claims Except For One Cross-Claim Resolved In Plaintiff’s Favor.             In Sandford v. Sandford, Case No. G057066 (4th Dist., Div. 3 Nov. 3, 2020) (unpublished), a family squabble, defendant/cross-complainant got the better of plaintiff/cross-defendant over a loan dispute, defensing plaintiff’s complaint in entirety, having […]

SLAPP: Fourth District, Division Two Vacates Prior Decision To Review Irreconcilability Of CCP § 128.5 Safe Harbor Provision With Timing Of Requesting Fees For Frivolous SLAPP Motion

Cases: SLAPP

Appellate Court Determines That 21 Days Pragmatically Impossible To Provide, So Preferred Course Is To Have A Plaintiff Request Fees In Opposition To SLAPP Motion To Give An Opportunity For The Defense To Respond/Be Heard.             In a May 21, 2020 post, we reviewed Changsha Metro Group Co., Ltd. v. Xuefeng, Case No. E073322 (4th

Arbitration, Sanctions: $22,159.50 In § 128.7 Sanctions Affirmed Against Plaintiff’s Attorney Who Filed Motion Seeking To Stay Arbitration And Remit The Parties To Judicial Remedies Based On Defendants’ Failure To Pay Arbitration Fees

Cases: Arbitration, Cases: Sanctions

Attorney Was Notified By The American Arbitration Association That The Error In Applying Defendants’ Fees Had Been Corrected, And The AAA Simply Needed Plaintiff’s Confirmation Of Intent To Proceed.             In McCluskey v. Henry, Case No. A158851 (1st Dist., Div. 3 November 2, 2020) (partially published – fees discussion unpublished), plaintiff sued employees of

Civil Rights: FEHA Slight Wins On One Claim Can Result In Far-Outpacing Fee Awards

Cases: Civil Rights

Ted Bacon Of AlvaradoSmith Provided A “Real Life” War Story Illustrating The Point.             During a two-hour sexual harassment mandatory training session, Ted Bacon of AlvaradoSmith provided a “real life” war story about how the liberal, pro-plaintiff FEHA fee shifting statute can still result in a fee award which dwarfs a plaintiff’s compensatory recovery.  What

Prevailing Party, Reasonableness of Fees: No Abuse Of Discretion In Trial Court’s $287,256 Prevailing Party Fees Award On Action On Oral Agreements

Cases: Prevailing Party, Cases: Reasonableness of Fees

“Extraordinarily Broad Attorney Fees Agreement” Sealed The Deal.             In Walters v. Moore, Case No. G058689 (4th Dist., Div. 3 October 30, 2020) (unpublished), plaintiff and defendant formed an LLC with an Operating Agreement that provided for the recovery of all reasonable fees, costs and expenses incurred by the prevailing party “[i]n the event

Appealability, Family Law: Trial Court’s Denial of Wife’s § 2030 Appellate Attorney Fees Reversed And Remanded For Consideration, But Appeal Of Denial Of Her Requested § 271 Sanctions For Appellate Attorney Fees Dismissed

Cases: Appealability, Cases: Family Law

Trial Court Abused Its Discretion By Denying Wife’s Need-Based Fees Request Until Completion Of Litigation, Where Such Request Requires Decision Within 15 Days Of The Hearing That Reflects Consideration Of Statutory Factors, But Trial Court’s Denial Of Requested Sanctions Until Completion Of Litigation Within Its Discretion.             In Marriage of Franecke and Melkonian, Case

Family Law, Sanctions: Sixth District Affirms $75,000 In § 271 Sanctions Against Ex-Wife With Mental Health Issues And Denial Of Her § 2030 Needs-Based Attorney Fees Request Despite Trial Court’s Failure To Make Express Findings

Cases: Family Law, Cases: Sanctions

Wife Failed To Take Advantage Of Protections Afforded To Parties Suffering Mental Health Issues And She Suffered No Prejudice When Trial Court Failed To Make Express Findings Because It Considered And Addressed The Same Statutory Factors In Determining Spousal Support.             Under California Rules of Court, Rule 1.100, parties can seek accommodations from the

Prevailing Party, SLAPP: Affirming Trial Court’s Granting Of Anti-SLAPP Motion With Modification To Separate Non-Protected Activities Within Cause Of Action Did Not Result In Reversal Of Fees/Costs Award

Cases: Prevailing Party, Cases: SLAPP

SLAPPing Defendants Were Still Prevailing Parties On The Protected Activity Allegations And, Therefore, Still Entitled To Attorney Fees And Costs.             In BLT Communications, LLC v. LaMarche, Case No. B302527 (2d Dist., Div. 1 October 30, 2020) (unpublished), former employer plaintiff sued two of its former employees asserting a number of allegations. Plaintiff’s 4th

Sanctions: $5,310 Sanctions Order Against Attorney Under CCP § 128.5 And CCP § 1209 (Contempt) Affirmed On Appeal

Cases: Sanctions

Message From This One Is Be Candid With The Court—Do Not Tell Half-Truths!             In Levine v. Berschneider (Richards), Case No. B300824 (2d Dist., Div. 6 Oct. 29, 2020) (published), an attorney was sanctioned $5,310 under CCP § 128.5 (bad faith tactics) and § 1209 (contempt) for playing coy on whether settlement checks had been

Probate: Lower Court’s Decision To Reduce Removed Trustee’s Requests For Attorney Fee Reimbursement By 75% Was No Abuse of Discretion

Cases: Probate

Trustee Violated Statutory Duties And His Attorney Missed Analysis Of Other Beneficiaries’ Claims, Such That The Large Reduction Was In Order.             We know our blog has a diverse readership.  Thank you all for following us, especially in these unprecedented times.  Now, we have one for probate practitioners—yes, we remember you and will post on

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