Author name: Marc Alexander

Discovery, Sanctions: $7,862.50 Sanctions Award Against Cross-Complainant In Insurance Case Affirmed On Appeal For Presenting An Unsuccessful Motion To Augment An Expert Witness Designation

Cases: Discovery, Cases: Sanctions

Cross-Complainant’s Dilatory Conduct Justified The Sanctions Award.             Code of Civil Procedure section 2034.630 states that a trial court “shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to augment or amend expert witness information, unless it finds that the one subject […]

Consumer Statutes: Contingency Agreements Are Not To Be Considered In Establishing the Lodestar For An Award Of Attorney’s Fees Under The Song-Beverly Act

Cases: Consumer Statutes

1/3 DCA Eschews The Idea Plaintiff’s Attorney Would Try A “Double Dip” On Fees, Believing They Would Do The Ethical Thing.             In Reynolds v. Ford Motor Co., Case No. A154811 (1st Dist., Div. 3 Apr. 21, 2020) (published), plaintiff purchased a diesel engine truck from Ford, having the truck repaired 15 times without success. 

Retainer Agreements: Third District Rebuffs B&P 6147(b) Challenge To “Related Matters” Retention Language In Contingency Agreement

Cases: Retainer Agreements

The Language In The Contingency Agreement, Sustained On Appeal, Offers Some Drafting Tips To Attorneys In Fashioning Their Retainer Agreements.             Some drafting tips for retainer agreements are presented through the result affirmed in Meagher v. Robinson Bradford LP, Case No. C087478 (3d Dist. Apr. 21, 2020) (unpublished), where attorneys fought back several challenges to

Appealability: Appellant’s Earlier Abandonment Of An Appeal Of A Fee Order Was Fatal To A “Rechallenge” When The Trial Judge Made A Damages Reduction In The Merits Order

Cases: Appealability

The Damages Reduction Did Not Restart The Appellate Engine, With the Abandonment Resulting In A Dismissal Of The Earlier Appeal—Which Was Dispositive.             In Corrales v. Corrales, Case No. D075507 (4th Dist., Div. 1 Apr. 21, 2020) (unpublished), an appellant previously filed an abandonment of an appeal of an attorney’s fees order.  After an amended

Employment, Special Fee Shifting Statutes, Undertaking: 1/4 DCA Affirms Labor Code § 98.2 Attorney Fees Award In Favor Of Employees Retaining Labor Commissioner’s Award After Employer’s Notice Of Appeal Dismissed

Cases: Employment, Cases: Special Fee Shifting Statutes, Cases: Undertaking

Appeal To Superior Court Of Labor Commissioner’s Ruling Was Dismissed For Employer’s Failure To Post The Required Undertaking Or Otherwise Obtain A Waiver Of Same.             Labor Code section 98.2(c) provides for costs and reasonable attorney’s fees against the unsuccessful party appealing a decision of the Labor Commissioner to the superior court.  Rather than

Family Law: No Abuse Of Discretion Where Trial Court Awarded Husband Only $15,000 In Needs-Based Attorney Fees Out Of Requested $49,000

Cases: Family Law

Husband Failed To Meet His Burden In Showing Abuse Of Discretion Where Trial Court Considered All Evidence Presented, Husband Had Significant Financial Resources, And Wife’s Needs-Based Fee Payments To Husband Accounted For 45% Of His Total Fees.             In Marriage of Burns, Case No. H046858 (6th Dist., April 17, 2020) (unpublished), a husband with

In The News . . . . City of Costa Mesa Has Won Sober Living Operator Disputes, But Has Spent $7 Million On Fees So Far

In The News

Operators’ Attorney Said His Clients Will Appeal Summary Judgment Rulings To The Ninth Circuit.             As reported by The Orange County Register in an April 15, 2020 online article entitled, “Winning streak for Costa Mesa as it battles sober living home lawsuits,” the City of Costa Mesa has obtained several favorable summary judgment rulings against

Allocation, Lodestar, Reasonableness Of Fees, Substantiation Of Reasonableness Of Fees: Prevailing Plaintiff Correctly Awarded $182,000 Under Contractual Fees Clause After Winning $455,000 In Damages After A Lengthy Court Trial

Cases: Allocation, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Fees Award Should Not Get Offset Against Damages, And Trial Judge Awarded Contingency Arrangement Percentage As Fees—Dispensing With The Need For Review Of Detailed Bills.             Prevailing plaintiff in Pham v. Nguyen, Case No. H044958 (6th Dist. Apr. 15, 2020) (unpublished), on the heels of winning $455,000 in damages, moved for contractual attorney’s fees.  The

Allocation, Landlord/Tenant, Prevailing Party, Reasonableness Of Fees: Prevailing Tenant Was Entitled To Prevailing Party Fees Under Oakland’s Tenant Protection Ordinance Fee-Shifting Provision As Against Defendant Landlord

Cases: Allocation, Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Reasonableness of Fees

However, Prevailing Party Properly Awarded Apportioned Fees Of $49,875 Rather Than Requested $318,214 In Fees Against Defendant Landlord; Prevailing Defendant Property Manager Improperly Granted Routine Costs Because Motion Did Not Mention That Defendant And Nothing Showed The Costs Were Incurred.             In Goins v. Williams, Case Nos. A152828/A153632 (1st Dist., Div. 3 Apr. 14, 2020)

Costs, Experts, Insurance, Section 998: Denial Of All But $11,753.94 Of Prevailing Personal Injury Plaintiff’s $83,048.06 Costs Request Affirmed On Appeal

Cases: Costs, Cases: Experts, Cases: Insurance, Cases: Section 998

An Invalid Section 998 Offer And A Failure To Reserve The Right To Seek Prevailing Party Fees In Agreements To Split Costs Sealed Plaintiff’s Fate.             In Anthony v. Li, Case No. A156640 (1st Dist., Div. 3 April 13, 2020) (published), a prevailing personal injury plaintiff, to whom a jury awarded $650,235.00 in damages

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