Author name: Marc Alexander

Appealability, Request For Admissions: Appeal Of $52,245.40 Costs-Of-Proof Sanctions Upheld On Appeal, Because It Was Dismissed

Cases: Appealability, Cases: Requests for Admission

Reason Was That Defense Insurer Voluntarily Paid Both The Judgment and Sanctions In Full.             In Nelson v. Estate of Holguin, Case No. B298135 (2d Dist., Div. 3 July 28, 2020) (unpublished), defendant estate suffered a $167,250 adverse jury verdict and CCP § 2033.420 costs-of-proof sanctions of $52,245.40.  Defendant’s insurer voluntarily paid the judgment and […]

Family Law: $100,000 In 2030/271 Needs-Based Fees And Sanctions Against Ex-Husband, Lawyer With A Profitable Law Firm And Equity In A House, Affirmed On Appeal

Cases: Family Law

If You Assert Inability To Pay, Make Sure You Have The Proper Ammunition!             We have to say, if you are going to appeal needs-based fee awards under Family Code sections 2030/2032 or sanctions under Family Code section 271 based on inability to pay, you better do the math and convincingly show the appellate court

Prevailing Party: Trial Court Properly Exercised Its Discretion In Finding Dismissed Civil Harassment Defendant Was Not Prevailing Party And Not Entitled To Attorney Fees

Cases: Prevailing Party

Trial Court Made Its Prevailing Party Determination Based On The Circumstances Surrounding The Case.             Plaintiff in Steele v. Holcomb, Case No. G057931 (4th Dist., Div. 3 July 27, 2020) (unpublished), who served on the board of directors for a residential homeowners association, filed a petition for a civil harassment restraining order against a

Appealability, Probate: Plaintiff’s Appeal Of Trial Court’s Interim Order Allowing Defendant Trustee Access To Trust Funds For Defense Is Rendered Moot When Trial Court Issues New Order Effectively Granting Same Relief As Appealed Order

Cases: Appealability, Cases: Probate

Unique Provision Of The Probate Code Provided An End Run Around The Stay Created When Plaintiff Appealed And Posted A Bond.             Probate Code § 1310(b) provides that, “for the purpose of preventing injury or loss to a person or property, the trial court may direct the exercise of the powers of the fiduciary .

Costs, Section 998, Special Fee-Shifting Statutes: Plaintiff Gets Second Chance At Arbitration And Post-Arbitration Costs Where Trial Court Erroneously Interpreted That The Parties’ Insurance Agreement Precluded The Award Of Arbitration Costs

Cases: Costs, Cases: Section 998, Cases: Special Fee Shifting Statutes

Insurance Policy Did Not Preclude Recovery Of Costs Under Sections 998 Or 1293.2 And Strictly Limited Arbitrator’s Authority To Decide Only Plaintiff’s Entitlement To Damages And The Amount Thereof.             In Storm v. The Standard Fire Ins. Co., Case No. B299277 (2d Dist., Div. 4 July 24, 2020) (published), plaintiff and defendant insurance company

Reviews: Co-Contributor Marc Publishes Article On Nuts And Bolts Of Videoconference Dispute Resolution

Miscellaneous, Off Topics, Reviews

The Article About Videoconference Dispute Resolution Appears In Current Issue Of California Litigation, Vol. 33, No. 2 (2020).         These days, Marc serves as a mediator on the panels of the USDC Central District and the Orange County Superior Court. Marc's article, "Nuts and Bolts of Videoconference Dispute Resolution in the Time of COVID-19", addresses

Arbitration: Substantial Arbitration Award, A Lot Of It Attorney’s Fees And Costs, Confirmed On Appeal After 2/3 DCA Reverses An Order Vacating The Award In A Homeowner-Contractor Home Renovation Dispute

Cases: Arbitration

Arbitrator’s Failure To Disclose His Own Contractor Dispute 20 Years Earlier Did Not Justify Vacating The Award.             An arbitrator in R&R Construction, Inc. v. Roski, Case No. B293748 (2d Dist., Div. 3 July 22, 2020) (unpublished) awarded homeowner $265,036.40 in damages, $589,967.50 in attorney’s fees and costs, and $60,005 for arbitration fees/expenses in a

Cases Under Review: Siry Decision, Which Created A Split In Appellate Thinking On A Fee Issue Under Penal Code Section 496(b), Is Accepted For Review By The California Supreme Court

Cases: Cases Under Review

Siry Departed From Opposite Conclusion Reached by the Fifth District in Switzer v. Wood.             On March 4, 2020, we posted on Siry Investment v. Farkhondehpour, a 2/2 DCA published opinion concluding that a trial judge could not award treble damages and attorney’s fees under Penal Code section 496(c), parting company with the contrary conclusion

Trade Secrets: Trial Court’s Award Of $65,000 Out Of A Requested $198,380 Affirmed Under Civil Code Section 3426.4, CUTSA’s Fee-Shifting Provision

Cases: Trade Secrets

Both Objective And Subjective Bad Faith Prongs Supported By Substantial Evidence.             The substantial evidence/abuse-of-discretion standards generally are hard to surmount.  No the less so in Jafari v. Gastelum, Case No. B293034 (2d Dist., Div. 7 July 21, 2020) (unpublished).             What happened here is that defendant prevailed in an action for breach of contract/trade

Costs, Sanctions: Trial Court Properly Denied CCP § 128.7 Sanctions Even Though Opposition Evidence Was Not Overwhelming; However, Costs Had To Be Awarded To Attorney Obtaining Dismissal Of Ex-Client’s Malpractice Complaint

Cases: Costs, Cases: Sanctions

Prevailing Attorney Fell Within Mandatory Category Of A Routine Costs Grant.             This next matter involved a contentious domestic, non-divorce temporary restraining order situation where an attorney sued for recovery of unpaid fees by one side (a male in a relationship with an ex-girlfriend) where there were malpractice allegations that the attorney had an affair

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