Author name: Marc Alexander

Appealability, Homeowner Associations: $180,442 Fees Award, $2,195 Expert Fee Award Under Section 998, And Certain Other Costs Awarded To HOA And Against Homeowner Sustained On Appeal

Cases: Appealability, Cases: Homeowner Associations

Good Pointer On Appealability—Separately Appeal § 998 Shifting Award As a Postjudgment Award, Or Be Damned!             Kashani v. Wilshire House Assn., Case No. B296976 (2d Dist., Div. 1 Oct. 28, 2020) (unpublished) involved a HOA-homeowner dispute involving a right of first refusal battle to bid on a particular condo unit, with the HOA winning […]

Discovery: 4/3 DCA Affirms Substantial $586,600 Discovery Order, With A Remand On A Relatively Smaller, Potential Add-On Amount, Against Plaintiffs, But Not Their Counsel

Cases: Discovery

Principles Of Compulsion, Causation, And Reasonableness Are Beacons For Discovery Sanctions.             Justice Fybel, the author of Cornerstone Realty Advisors, LLC v. Summit Healthcare REIT, Inc., Case No. G057176 (4th Dist., Div. 3 Oct. 28, 2020) (published) on behalf of a 3-0 panel, has penned a decision which all litigation clients and attorneys should consult

Employment, Multipliers, Costs: Employee Obtaining Partial Success In FEHA Case Properly Awarded $695,000 In Attorney’s Fees, No Expert Witness Fees, And Some Routine Costs

Cases: Costs, Cases: Employment, Cases: Multipliers

Plaintiff’s $2 Million Request, Inclusive Of A 2.0 Positive Multiplier, Did Not Gain Traction.             Partial success and high hourly rates can often lead to reductions and rejection of a multiplier in contingency-driven cases under FEHA.  That is what basically occurred in Do v. Raytheon Co., Case No. B293950 (2d Dist., Div. 4 Oct 27,

Consumer Statutes, Section 998: $278,057 Lemon Law Fee Award And $56,882.89 Costs Award Affirmed On Appeal

Cases: Consumer Statutes, Cases: Section 998

The Reason—A Prejudgment Interest Award Of $2,600 Beat The Defense CCP § 998 Offer; Yes, It Was That Close—With Around $335,000 In Fees/Costs Being The Burden At The End.             The Song-Beverly Act (better known as California’s lemon law) has a pro-plaintiff fee shifting provision; however, it is subject to Code of Civil Procedure section

Reasonableness of Fees, Substantiation of Reasonableness of Fees: $2.1 Million Attorney Fees Award Upheld On Appeal Despite Billings Submitted With Excessively Heavy Redactions Defense Claimed Made Effective Challenge Impossible

Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

The 2/8 DCA Determined Defense Counsel Could Have Used Its Own Knowledge Of The Case To Hire An Expert For A Determination Of Whether The Hours Requested Were Reasonable.             In Los Angeles Unified etc. v. Torres Construction, Case No. B291940 (2d Dist., Div. 8 October 26, 2020) (unpublished), Defendant was hired by Los

Deeds of Trust: Attorney Fees Of $60,337.83 Awarded Pursuant To Deed Of Trust Provision To Prevailing Lender Defendant Reversed On Appeal

Cases: Deeds of Trust

Deed Of Trust Provision Authorized Incurred Reasonable Attorney Fees To Become Additional Debt Secured By The Deed Of Trust, Not An Award Of Fees In A Judgment             In Bidasha v. Novastar, Case No. B290634 (2d Dist., Div. 5 October 26, 2020) (unpublished), plaintiff sued her lender for rescission or cancellation of the deed

SLAPP: Attorney Fees Of $30,000 And $1,062 In Costs Awarded To Successful SLAPPing Defendant Subcontractor, Sued After Recording Multiple Duplicate Mechanic’s Liens, Affirmed On Appeal

Cases: SLAPP

Plaintiff Based Its Challenge Of The Fees/Costs Only On The Underlying SLAPP Determination Which Was Upheld Because The Recording Of A Mechanic’s Lien Constitutes Protected Activity, Even If The Lien Is Invalid Or Improper.             RGC Gaslamp, LLC v. Ehmcke Sheet Metal Co., Inc., Case No. D075615 (4th Dist., Div. 1 October 23, 2020)

Allocation, Consumer Statutes, Lodestar, Multipliers: Santana Decision Now Published

Cases: Allocation, Cases: Consumer Statutes, Cases: Lodestar, Cases: Multipliers

Apportionment Between Song-Beverly Act Fees/Costs And Other Causes Of Action, Where Fees Are Not Permitted, Not Necessary Where Claims Are Inextricably Intertwined.               In our September 29, 2020 post, we discussed Santana v. FCA US, LLC, Case Nos. G057244/G058020 (4th Dist., Div. 3), which was unpublished at the time.             In Santana,

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