Author name: Marc Alexander

Lodestar, Private Attorney General: Third District Affirms Approximate 93% Reduction To Petitioner’s Requested Code Civ. Proc. § 1021.5 Fee Award

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

Petitioner’s Limited Success – Winning Only 1 Of Its 13 Arguments – Was Crucial Factor In Substantial Reduction From Requested $1,440,713 In Fees To $94,698.33 Even After 1.5 Multiplier Was Applied.             The Sacramento-San Juaquin Delta Reform Act of 2009 was enacted to address the problems and challenges facing the Delta – the most valuable […]

Celebrities, Prevailing Party, Special Fee Shifting Statute: Nevada Supreme Court Adopts “Catalyst Theory” For Purposes Of Awarding Attorney’s Fees And Costs Under The Nevada Public Records Act

Cases: Celebrities, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Public Records Request Related To Las Vegas Murder Of American Rap Artist Tupac Shakur; California, Too, Has Adopted This Theory Under The California Public Records Act.             In Las Vegas Metropolitan Police Dept. v. The Center for Investigative Reporting, Inc., No. 77617, 136 Nev. Advance Opinion 15 (Nev. Sup. Ct. Apr. 2, 2020), the Nevada

Books: Co-Contributor Marc Has Reviewed Historian Eric Foner’s Book The Second Founding

Books

Co-Contributor Marc Has Reviewed Professor Eric Foner's Book, The Second Founding: How The Civil War And Reconstruction Remade The Constitution, in California Litigation.             The Second Founding is about the legislative and political history of the 13th, 14th, and 15th Amendments, and the post-Civil War Supreme Court's judicial interpretation and evisceration of the  Amendments. The review appears in

Sanctions: $5,185.00 Section 128.7 Sanctions Award Against Plaintiff For Legally Frivolous Lawsuit Against Successor Attorney Defendant Who Did Not Pay Plaintiff’s Medical Lien When His Client’s Case Resolved Affirmed On Appeal

Cases: Sanctions

Second District Finds Gilman Precisely On Point.             In Medfin Manager, LLC v. Carrazco, Case No. B292644 (2d Dist., Div. 3 April 6, 2020) (unpublished), a personal injury patient signed contractual liens giving the hospital that provided some of his medical care a lien against any settlement or judgment he might recover in litigation

Fees On Fees, SLAPP: SLAPP Fee Awards To Employee And His Counsel Totaling $136,285.50 Plus Another $33,007.50 In Fees On Fees Affirmed On Appeal

Cases: Fees on Fees, Cases: SLAPP

Plaintiff CEO Was Unable To Prove His Claim Against Employee And His Counsel For Their Efforts To Add Him As Judgment Debtor To Underlying Lawsuit Stemmed From Malicious Prosecution As Opposed To Protected Activity.             Khanna v. Sonasoft Corp. – from our July 13, 2016 and October 15, 2019 posts – is the underlying

Discovery, Sanctions: Louisiana Federal District Judge Assesses Fees And Sanctions Against Defendant And/Or Its Attorney For Deposition Interruptions, Speaking Objections, Instructions To Not Answer, Witness Coaching, And Failure To Prepare The Deponent

Cases: Discovery, Cases: Sanctions

Various Fees And Sanctions Ordered Under FRCP 37.             We sometimes blog on cases outside of California.  This one caught our eye because it received press in a March 30, 2020 post by Debra Cassens Weiss in the ABA Journal.             In REC Marine Logistics, LLC v. Richard, No. 19-11149 (E.D. La. Mar. 27, 2020)

Trespass: Kelly v. House Decision Now Partially Published

Cases: Trespass

Published Part Discusses Scope of Agricultural Trespass Fee-Shifting Statute, CCP § 1021.9.             CCP § 1021.9 provides: “In any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the raising of livestock, the prevailing plaintiff shall be entitled to reasonable attorney’s fees

Consumer Statutes, Multiplier, Reasonableness Of Fees: Trial Judge In “Uncomplicated” Lemon Law Case Properly Awarded $94,864 In Song-Beverly Act Attorney’s Fees To Prevailing Plaintiff Winning A Jury Verdict Of $35,805.08

Cases: Consumer Statutes, Cases: Multipliers, Cases: Reasonableness of Fees

Plaintiff Had Sought $344,639 In Fees, Which Lower Court Found To Be Unreasonable Based On Overstaffing, Lack Of Efficiency, And Requesting Hourly Rates Too High For The Complexity Of The Case; Multiplier Request Properly Denied.             We commend everyone to read the appellate court’s affirmance of a trial court’s reduction of an attorney’s fees request

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