Author name: Marc Alexander

Deadlines: Failure To Object To Magistrate’s Fee-Fixing Decision, Appealing To Circuit Court Rather Than Objecting In Front Of District Judge, Means The Deadline Was Blown And The Objections Waived.

Cases: Deadlines

Although Unsettled, District Found That The Ruling Involved a Dispositive Issue, Which Still Did Not Excuse The Failure To Object.             In LCS Group, LLC v. Shire LLC, Case No. 18-cv-2688 (S.D.N.Y. June 22, 2020), U.S. District Judge Analisa Torres determined that plaintiff and its attorneys, who were sanctioned earlier in attorney’s fees in the […]

Arbitration: “Award” For Arbitration Correction Purposes Depends On Whether Every Aspect Of A Dispute Is Resolved, With Post-Arbitration Judicial Proceeding Fees Allowable

Cases: Arbitration

Breadth Of Fees Clause Sustained The Post-Arbitration Judicial Fees.             In Lonky v. Patel, Case No. B295314 (2d Dist., Div. 2 July 2, 2020) (published), the Second District had to consider two issues:  what is an arbitration final “award” for purposes of jurisdictional correction purposes and are post-arbitration judicial proceeding fees to the prevailing party

Fee Clause Interpretation: Prevailing Plaintiff Freight Forwarder Improperly Denied Contractual Attorney’s Fees Because Lower Court Erroneously Interpreted The Breadth Of Clauses In One Of Two Contracts

Cases: Fee Clause Interpretation

Confusion Arose Because There Were Two Contracts, But The Earlier One Had Terms And Conditions Applying To the Subsequent Contract; Because Fee Reasonableness Not Questioned, 4/3 DCA Remanded With Directions To Enter The Requested Fee Amount.             Plaintiff freight forwarder had 2013 and 2015 contracts with defendant rice importer requiring reimbursement of certain third-party expenses,

Judgment Enforcement, SLAPP: Lower Court Did Not Err In Granting Only Minimal Postjudgment Fees/Costs Of $735 To Winning SLAPP Defendant Where Plaintiff Interpled $22,000 As An Undertaking To Secure Underlying Trial-Level SLAPP Fee Award

Cases: Judgment Enforcement, Cases: SLAPP

Requested Fees/Costs Of Almost $6,700 Were Not Reasonable Or Necessary Under CCP § 685.040.             In Padilla III v. Jakubaitis, Case No. G057424 (4th Dist., Div. 3 June 30, 2020) (unpublished), a SLAPP defendant successfully had stricken one cause of action, with the trial court awarding it about $14,300 in mandatory fees/costs.  While things were

Appeal Sanctions, Appealability: 4/3 DCA Imposes $25,452 In Sanctions Against Counsel For Nonparty Group Of Church Congregation Members Who Appealed Trial Court’s Ruling On Their Motion For Protective Order

Cases: Appeal Sanctions, Cases: Appealability

Nonparty Group’s Motion For Protective Order Was Actually A Nonappealable Motion For Reconsideration Of A Discovery Ruling, But 4/3 DCA Treated Appeal As A Writ Petition To Stop The Harm Caused By Delaying Litigation In This Case.             In Roe 1 v. Doe 2, Case No. G057684 (4th Dist., Div. 3 June 29, 2020)

Requests For Admission, Sanctions: Costs Of Proof Sanctions Affirmed Against Contestants To Will Who Denied Critical RFA Without Reasonable Ground To Believe They Could Prevail On The Matter At Trial

Cases: Requests for Admission, Cases: Sanctions

The Only One Of Four Will Contestants Who Showed For Trial Provided No Evidence To Support The Request For Admission Denial.             Estate of Moshier, Case No. G057076 (4th Dist., Div. 3 June 29, 2020) (unpublished) involved a will contest brought by decedent’s adoptive brother and three adult nieces against decedent’s wife.  Decedent’s will

Private Attorney General: Doe v. Regents Of The University Of Cal. Decision Now Published

Cases: Private Attorney General (CCP 1021.5)

Narrowly Focusing On Plaintiff’s Personal Interest In Bringing Suit, Rather Than Significance Of Constitutional Due Process Rights Effectuated By Plaintiff’s Action, Was Error For Purposes Of Fee Determination Under Section 1021.5.             In our June 10, 2020 post, we discussed the case of Doe v. Regents of the University of Cal., Case No. B293153

Judgment Enforcement, Section 1717: In A Case Of First Impression, The 4/3 DCA Affirms Section 1717 Attorney Fees To Prevailing Alter Ego Defendant In An Enforcement Action For An Underlying Breach Of Contract Judgment

Cases: Judgment Enforcement, Cases: Section 1717

Prevailing Alter Ego Defendant Would Have Been Entitled To Section 1717 Fees For Defeating Plaintiffs’ Claims If Made In The Underlying Action Even Though He Was Not A Signatory On The Contract.             In MSY Trading Inc. v. Saleen Automotive, Inc., Case No. G057093 (4th Dist., Div. 3 June 26, 2020) (published), judgment creditor

SLAPP: No Abuse Of Discretion Where Trial Court Awarded Each Of Three Successful SLAPPing Defendants Separate Attorneys’ Fees.

Cases: SLAPP

Plaintiffs’ Claims of Duplicative Efforts, Excessive Hourly Rates, And Inefficiencies Were Not Supported By The Record.             In Truong v. Philhower, Case Nos. GO55054 et al. (4th Dist., Div. 3 June 26, 2020) (unpublished), two plaintiffs asserted separately up to ten claims against each of three defendants for malicious prosecution.  These nearly sixty claims

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