Author name: Marc Alexander

Intervenors, Private Attorney General: Intervenor In Reverse-CPRA Litigation Properly Denied Attorney’s Fees For Failure To Satisfy Private Enforcement Element Because Its Intervention Did Not Result In A Change In School District’s Release Of Docume

Cases: Intervenors, Cases: Private Attorney General (CCP 1021.5)

Along The Way, 4/1 DCA Did Not Endorse Marken’s Observations/Dictum On No Fee Recovery In A Reverse-CPRA Case.             In Voice of San Diego v. Teacher 1 etc., Case Nos. D075148 et al. (4th Dist., Div. 1 June 23, 2020) (unpublished), an intervenor in a reverse-California Public Records Act (reverse CPRA) case was denied CCP […]

Section 998: 4/3 DCA Affirms Trial Court’s Conclusion That Plaintiff’s Section 998 Offer Was Validly Accepted Despite Being Signed By Defendant’s Counsel Instead Of Defendant

Cases: Section 998

There Was No Reasonable Dispute That Defendant Had Accepted And Agreed To Be Bound By The Terms Of The Offer.             In Newman v. Larios, Case No. G057542 (4th Dist., Div. 3 June 22, 2020) (unpublished), plaintiff sued two defendants for personal injuries he sustained when his motorcycle was struck by cars driven by

Intervenors, Prevailing Party, Private Attorney General, Special Fee Shifting Statutes: Trial Court’s Prevailing/Successful Party Determination For Purposes Of Costs And Attorney Fees Award Affirmed On Appeal

Cases: Intervenors, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

Determination Based On Achieving Litigation Goal, Not On Prevailing On A Higher Percentage Of Issues.             Redondo Beach Waterfront v. City of Redondo Beach, Case No. B291111 (2d Dist., Div. 3 June 19, 2020) (unpublished), involved renovation of an existing 150,000 square foot building and a new 400,000 square foot waterfront development in the

Family Law: 1/2 DCA Affirms Denial Of Needs-Based Attorney Fees Requested By Wife Under Family Code § 2030

Cases: Family Law

Based On Trial Court’s Analysis Under Family Code § 4320, Husband Lacked The Financial Ability To Afford His Own Attorney Much Less Contribute To Wife’s Attorney Fees.             Family Code § 2030 provides California family law courts authority to level the playing field in dissolution actions, where sufficient disparity exists between the parties in

Civil Rights, Costs, Substantiation Of Reasonableness Of Fees, Reasonableness Of Fees: Except For Correction Of Routine Costs Math, FEHA Fee Award Of About $1.1M And Almost $107K In Costs Affirmed On Appeal Where Plaintiff Won $650K In Damages

Cases: Civil Rights, Cases: Costs, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Limited Success/Allocation Fee Challenges Rejected On Appeal; Expert Witness Fees Can Be Sought Through A Costs Memorandum.              In Abarca v. Citizens of Humanity, LLC, Case No. B290090 (2d Dist., Div. 3 June 18, 2020) (unpublished), a FEHA plaintiff won a jury verdict on disability discrimination/retaliation claims, although losing two other claims, to the tune

Reasonableness Of Fees, Special Fee Shifting Statute: $9,200 Attorney’s Fees Award In Venue Transfer Situation Sustained On Appeal

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Reason Was That Both A Surrogacy Agreement Venue Provision And Factual Circumstances Showed The Matter Needed To Be Resolved In Transferee Venue.             In Omega Family Global, Inc. v. Doe, Case No. D075358 (4th Dist., Div. 1 June 17, 2020) (unpublished), defendants were granted a venue transfer motion from San Diego to Riverside where a

Family Law, Special Fee Shifting Statute: Intermediate Appellate Courts Issue Several Family Law Or Neighborhood Disputes Opinions Where Fee Requests Were Granted Or Denied In Unpublished Decisions—Abuse Of Discretion Standard Guided All Of Them.

Cases: Family Law, Cases: Special Fee Shifting Statutes

1.         Marriage of Harcke, Case No. B288727 (2d Dist., Div. 7 June 16, 2020) (unpublished).             In this case, father was sanctioned for $15,400 in attorney’s fees for failure to be cooperative in settlement negotiations under Family Code section 271.   That was no abuse of discretion given that he “out of hand” and

Arbitration: $87,136.42 Final Arbitration Award—Most Of It Attorney’s Fees—Affirmed On Appeal

Cases: Arbitration

Trope Waiver OK Between Sophisticated Parties (But Fees Were Not Awarded For Self-Representation Anyway), With Arbitrator Not Being Bound By Prevailing Party Statutory Test And Not Having To Allocate Between Contract/Tort Claims.             In Flint v. Koslyn, Case No. B289997 (2d Dist., Div. 7 June 16, 2020) (unpublished), former attorney/tenant of a client/landlord entered into

Reasonableness Of Fees, Section 1717: Summary Judgment And Attorney Fees Awarded Against Borrowers Who Defaulted On Commercial Property Loan Affirmed On Appeal

Cases: Reasonableness of Fees, Cases: Section 1717

Borrowers Repeatedly Failed To Cite To The Record – Thus Forfeiting Their Arguments – But Awarded Fees Were Nonetheless Reasonable.             In Polycomp Trust Co. v. Agbede, Case Nos. E070613 and E071376 (4th Dist., Div. 2 June 15, 2020) (unpublished), borrowers defaulted on their commercial property loan and their four lenders successfully filed an

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