Author name: Marc Alexander

Sanctions, Special Fee Shifting Statutes: Prevailing CPRA Petitioner Properly Denied Fees Under Mandatory Fee-Shifting Statute And Under Code Civ. Proc. Section 128.5 Based On Her Self-Represented Status

Cases: Sanctions, Cases: Special Fee Shifting Statutes

Prevailing Petitioner Was Not Represented By Legal Counsel And Did Not Incur Or Become Liable For Attorney Fees.             In Drevaleva v. Alameda Health Sytem, Case No. A158282 (1st Dist., Div. 4 May 29, 2020) (unpublished), the trial court denied prevailing CPRA (California Public Records Act) petitioner’s requests for attorney’s fees, under Gov. […]

Section 1717: $1.36 Million Fee Award Affirmed Because Defendant Successor Stood In The Shoes Of Litigants Liable For Contractual Fees

Cases: Section 1717

Non-Local Counsel Rates Of A Higher Nature Approved Because No Authorities Showed That They Could Not Be Imposed Under Section 1717, Given Lower Fees Were Used Anyway.             In Patterson Frozen Foods, Inc. v. California Valley Land Co., Case No. H047357 (6th Dist. May 28, 2020) (unpublished), one group of defendants who were alleged to

Sanctions: $6,075 CCP §128.5 Sanctions Award Affirmed On Appeal In Long-Spanning Neighbor Spat

Cases: Sanctions

Plaintiff Litigant Properly Assessed With Sanctions Because Engaged In Litigation For Improper Purpose In Light of Releases Under Prior Settlement Agreement.             Beuchel v. Flanagan, Case No. B296548 (2d Dist., Div. 2 May 28, 2020) (unpublished) demonstrates, yet again, how neighborhood disputes can result in dire consequences, although the amount involved was not that bad

Costs, Special Fee Shifting Statute: Governmental Entity Could Not Charge Redaction Expenses As “Data Extraction” Costs Under The Public Records Act

Cases: Costs, Cases: Special Fee Shifting Statutes

Two Provisions Had To Be Harmonized To Get To The Holding.             In National Lawyers Guild v. City of Hayward, Case No. S252445 (Cal. Supreme Court May 28, 2020) (published), the California Supreme Court decided that City was not allowed to charge a Public Records Act requestor the expenses of redacting statutorily-exempt information because those

Liens For Attorney Fees: Attorney Who Recorded Three Separate Notices Of Judgment Lien Totaling More Than $4.3 Million Against Her Client Properly Ordered To Pay Client’s Attorney Fees Incurred In Having Notices Stricken

Cases: Liens for Attorney Fees

Attorney Claimed She Was Judgment Creditor And Client Was Judgment Debtor, But She Had Never Sued Nor Obtained A Judgment Against Client.             Sargent v. Board of Trustees of CSU, Case No. A157335 (1st Dist., Div. 1 May 26, 2020) (unpublished), provides a great example of how not to create and enforce liens for

Arbitration, SLAPP: CCA 1st Dist. Div. 3 Holds That MFAA Arbitration Will Not Support Malicious Prosecution Claim

Uncategorized

Because Malicious Prosecution Cause of Action Can't Be Based On MFAA Arbitration, Defendant's Anti-SLAPP Motion Succeeds.         The California Court of Appeal holds that a malicious prosecution cause of action cannot rest on a mandatory fee arbitration act (MFAA) arbitration. Dorit v. Noe, A157433  (1/3  5/26/20) (Brown, Pollak, Tucher). As a result, the defendant/appellant's

Arbitration: Arbitration Award Of $125,795.50 In Attorney Fee and $36,423.02 In Costs Against Subcontractor Achieving A Damages Award Of Only $5,582.59 Out Of Requested $272,548.19 Affirmed On Appeal

Cases: Arbitration

Under Moncharsh, Merits Rulings Are Generally Beyond Appellate Review.             We have often posted on arbitral finality and the limitations on judicial review over arbitration awards in the majority of cases based on Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992).  Such is the situation with the next case.             Volpe Co.

Liens For Attorney Fees: No Error In Dismissal Of Action Brought By Former Law Firm Against Successor Law Firm For Interference With Its Liens Against Former Clients’ Settlement Proceeds

Cases: Liens for Attorney Fees

Former Law Firm Failed To First Have Its Liens Established, Valued, And Enforced In Independent Actions Against The Clients.             In SL Environmental Law Group v. Robins Borghei, LLP, Case No. A155906 (1st Dist., Div. 2 May 22, 2020) (unpublished), plaintiff predecessor law firm – specializing in environmental contamination litigation – lost clients it

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