Author name: Marc Alexander

Allocation, Reasonableness Of Fees: $272,637.50 Fee Award Was Reasonable For Plaintiff Defeating Cross-Claims And Ultimately Winning $59,005.50 Overall

Cases: Allocation, Cases: Reasonableness of Fees

Contract And Tort Cross-Claims Were Intertwined—So No Need For Apportionment.             In Newport Beach Center for Surgery, LLC v. Acclaim Recovery Mgt., LLC, Case No. B290636 (2d Dist., Div. 5 March 2, 2020) (unpublished), plaintiff won a $59,005.50 compensatory verdict in a case with a contractual fees clause, also defeating contract and tort cross-claims.  Plaintiff […]

Celebrities, Employment, Taxation: 2017 Tax Amendments Do Not Allow Tax Reporter To “Expense” Attorney’s Fees Expended In A Sexual Harassment/Abuse Nondisclosure Settlement

Cases: Celebrities, Cases: Employment, Cases: Taxation

“Weinsten Tax” Meant To Disincentivize Sexual Perpetrators/Harassing Employers From Trying To Prevent Reporting By Victims.             As a response to some sexual harassers/abusers requiring use of confidentiality agreements to silence victims, Congress in December 2017 amended the Tax Code in what has been dubbed the “Weinstein tax.”             Several bloggers indicate the repercussions of this.

Costs, Section 998: Two $50,000 998 Offers Were Made In Good Faith, Justifying Personal Injury Plaintiffs’ Receipt Of Postoffer Costs Of $99,833.53, With Two Minor Modifications On Appeal

Cases: Costs, Cases: Section 998

Fifth District Struck $4,608.53 For Models/Blowups/Exhibit Photocopies And $2,850 Court Reporter Fee For Lack Of Particularized Detail.             The Fifth District, in Childress v. Aaron, Case No. F077027 (5th Dist. Feb. 28, 2020) (unpublished), did a nice, scholarly job of discussing Code of Civil Procedure section 998 good faith principles and Code of Civil Procedure

Appealability, Lis Pendens: Aggrieved Party Suffering $4,500 Fee Award With Respect to Lis Pendens Expungement Could Not Raise The Issue Through A Subsequent Appeal

Cases: Appealability, Cases: Lis Pendens

Litigant Had To Raise The Issue In A Writ Petition, Which Litigant Did Not Do—Appellate Court Lacked Jurisdiction To Consider The Fee Award.             A probate litigant in Wilkin v. Nelson, Case No. B294530 (2d Dist., Div. 6 Feb. 3, 2020) (certified for partial publication Feb. 26, 2020; fee discussion not published) was ordered to

Allocation, Fee Clause Interpretation, Reasonableness Of Fees: Reducing Requested $1.36 Million Fee Award, By 25% To $943,028, Was No Abuse Of Discretion Based On $1.2 Million-Plus Recovery And Rejection Of Low Ball Defense Settlement Offer

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Tort Claim Defense Fees On An Unsuccessful Cross-Complaint Were Interrelated, Thus No Allocation Required; Prevailing Party Clause In Lease Applied So As To Allow Fee Recovery In Broker’s Favor.             Water Court, LLC v. Adams Wine Group, LLC, Case No. B290799 (2d Dist., Div. 6 Feb. 25, 2020) (lead appeal; unpublished) is an example of

Private Attorney General: $142,148 Fee Award Against Limited Partnership Property Owner And One Of Its Limited Partners Affirmed On Appeal Despite Petitioners’ Failure To Properly Notice Attorney General With Its First Amended Petition

Cases: Private Attorney General (CCP 1021.5)

Strict Adherence To Attorney General Notice Requirements Does Not Preclude Fee Awards, And Limited Partner Was Hit With Fees Because He Held Himself Out As Property Owner And Participated In Litigation As Real Party In Interest. Gigantic oak tree on the Tejon Ranch, Kern county, Calif.; Indian man, woman and small girl in front of

Private Attorney General: Plaintiff Only Obtaining A Non-Merits Stay In A CEQA Action, In A Dismissed Case, Was Not Entitled To CCP § 1021.5 Fees

Cases: Private Attorney General (CCP 1021.5)

$289,544 In Fees Correctly Denied By The Trial Judge On Appeal.             In Canyon Crest Conservancy v. County of Los Angeles, Case No. B290379 (2d Dist., Div. 4 Feb. 19, 2020) (unpublished), plaintiff obtained a minor conditional use permit and oak tree permit in connection with constructing a single-family house in undeveloped property in Los

Prevailing Party, Private Attorney General: Private Attorney General Fee Denial Affirmed Based On Litigant’s Failure To File Appellate Opening Brief And Small Fees Award Against Governmental Entity Reversed As A Matter Of Law

Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5)

Plaintiff Did Not Prevail Against Governmental Entity So That $7,500 Government Code Section 800 Award Went POOF! On Appeal.             Ya know, appellate proceedings can really change results at the trial court level at different junctures of a case.  1041 20th Street, LLC v. Santa Monica Rent Control Bd., Case No. B295812 (2d Dist., Div.

Appealability, Sanctions: Attorney, Although Not Appealing In Appeal By Client, Has Standing To Proceed Unless Prejudice To Opposing Party

Cases: Appealability, Cases: Sanctions

California Supreme Court Indicate Prejudice, Not Per Se, Analysis Is Applicable.             As indicated in our Year-End 2019 cases relevant to this blog, the only pending case on sanctions issue was still pending for decision.  Well, it is in.             In K.J. v. Los Angeles Unified School Dist., Case No. S241057 (Cal. Supreme Ct., Jan.

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