Author name: Marc Alexander

Consumer Statutes: Lemon Law Plaintiff, Only Awarded $2,221.95 In Fees/Costs Out Of $163,205.60, Has Order Reversed Given That She Achieved Triple The Amount Communicated In Informal/Section 998 Offers During The Course Of The Litigation

Cases: Consumer Statutes

Given Substantial Reduction In Lodestar Request, De Novo Review Resulted In A Reversal.             We can definitely tell you that there has been a surge in published and unpublished decisions on the proper standards to be employed in awarding fees under the Song-Beverly Act, commonly known as California’s Lemon Law.  The next unpublished decision joins […]

SLAPP: Winning SLAPP Plaintiff Seeking Attorney’s Fees For A Frivolous SLAPP Motion Did Not Have To Comply With 21-Day Safe Harbor Notice Requirement Of CCP §128.5

Cases: SLAPP

4/2 DCA Opinion Counsels That A Plaintiff In This Situation To Ask For Attorney’s Fees In The Opposition To The SLAPP Motion.             For readers of our blog, you probably know by now that a plaintiff defeating a frivolous SLAPP motion can be awarded reasonable attorney’s fees if the frivolity standards of CCP §128.5 are

Private Attorney General, SLAPP: $86,000 Requested Fee Award In SLAPP And Private Attorney General Contexts Had To Be Remanded For A Possible Award

Cases: Private Attorney General (CCP 1021.5)

Election Candidate Issue Was One Of Public Interest.             In Sandlin v. McLaughlin, Case Nos. G057264/G057420 (4th Dist., Div. 3 May 19, 2020) (unpublished), a trial judge denied a writ petition by a litigant challenging certain election candidate statements even though the real parties had a pending anti-SLAPP motion.  Later, the lower court denied the

SLAPP: $33,621 SLAPP Fee Award Affirmed On Appeal

Cases: SLAPP

Defense Request Of $448,745 Was Rejected By Lower Court, Which Defense Did Not Object To On Appeal.             Just to tell ya, Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism, Case Nos. G056117/G056511 (4th Dist., Div. 3 May 19, 2020 (unpublished) is a long-standing battle with many appeals.  Defendants won a SLAPP

Family Law: $15,000 In Section 271 Sanctions And $25,000 In Breach Of Fiduciary Duty Fees Were No Abuse Of Discretion

Cases: Family Law

Even If Explanations Could Have Been Clearer, No Prejudice Shown By Appealing Ex-Wife.             Presence of prejudice is a critical factor in any appeal.  The next case, Marriage of Effner, Case No. D074478 (4th Dist., Div. 1 May 18, 2020) (unpublished), so demonstrates.             There, ex-wife—who was found by the lower court to have diverted

Private Attorney General: Intervener Media Organizations In Reverse-PRA Action Were Entitled To CCP § 1021.5 Fees Because Trial Court Improperly Conditioned Their Intervention On Striking Their Requests For Fee Recovery

Cases: Private Attorney General (CCP 1021.5)

This Condition For Intervention By Intervenors Of Right Was Unreasonable In Nature.             It now seems established that attorney’s fees under the private attorney general statute, CCP § 1021.5, are available to intervening parties in a reverse-Public Records Act (PRA) case.  (Pasadena Police Officers Association v. City of Pasadena, 22 Cal.App.5th 147, 159 (2018) [discussed

Class Actions: Ninth Circuit Holds That There Is No “Bright-Line Rule” For Percentage-Of-Recovery Benchmark In Megafund Class Action Settlements And That Variance Of Requested From Fees From A Class Counsel’s Upfront Bid In The Case Should Be Consi

Cases: Class Actions

Higher Fee Awards/Cost Award Remanded For Reconsideration.             Class action attorneys, especially those representing the class, will want to read the Ninth Circuit’s opinion in In re Optical Disk Drive Products Antitrust Litig., Nos. 17-15065 et al. (9th Cir. May 15, 2020) (published).  There, the Ninth Circuit remanded for reconsideration of some fee/costs awards to

Fee Clause Interpretation: Successor Trustee Of Decedent LLC Member Entitled To Recover Attorney’s Fees As Prevailing Party In Litigation Against The LLC

Cases: Fee Clause Interpretation

Although Successor Trustee Was Not A Member Within the Operating Agreement’s Definition, His Status As Deceased Member’s Legal Representative Exercising Membership Rights Qualified Him For Fees Under The Operating Agreement.             In Premiere Raspberries, LLC v. Dutra, Case No. H045594 (6th Dist. May 14, 2020) (unpublished), the Sixth District affirmed an attorney’s fees award to

Fee Clause Interpretation, Prevailing Party: $290,000-Plus Fee Award To Cross-Complainant Engineering Firm Affirmed On Appeal Because Fees Clause Was Broad Enough To Encompass Quantum Meruit Claims

Cases: Fee Clause Interpretation, Cases: Prevailing Party

Adverse Party Should Have Paid Around $57,000 To Other Side, And, If So, It Would Have Been The Prevailing Party!             Tristar Realty Group, LLC v. Koury Engineering & Testing, Inc., Case No. B294535 (2d Dist., Div. 8 May 14, 2020) (unpublished) is a result demonstrating how the prevailing party determination in a case, where

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