Author name: Marc Alexander

Prevailing Party, Special Fee Shifting Statutes: Misinterpretation Of Civil Code § 8460 Cost Pro Per Plaintiff His Mechanics’ Lien Claim And An Award Of Attorney Fees To Prevailing Defendant

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Pro Per Plaintiff Timely Filed Action After Recording Mechanics’ Lien, But Sought To Recover Compensation Owed For His Work Rather Than The Sale Of The Property Subject To The Lien And Application Of The Sale Proceeds To Pay The Amount Secured By The Lien.             In Settimi v. Hart, Case No. F079181 (5th Dist., […]

Landlord/Tenant: Attorney Fees/Costs Award Of $895,163.42 In Favor Of Prevailing Landlord Affirmed, But $585,383.61 Damages Award Remanded For A Reduced Calculation

Cases: Landlord/Tenant

Despite Remand For A Recalculation Of Damages, The Fees/Costs Award Was Not So Disproportionate To The Value Of The Legal Services Provided So As To Equate To An Abuse Of Discretion.             In Alchemy Communications v. Carlsberg Lax Center, Case No. B278068 (2d Dist., Div. 1 December 3, 2019) (unpublished), commercial Landlord and one

Family Law: No Abuse Of Discretion In Trial Court’s Denial Of Need-Based Attorney Fees To Husband With Significantly Less Income Than Wife

Cases: Family Law

Husband Devoted The Majority Of His Time To A Failing Cycling Apparel Business, And Although Wife Had More Income From Sources Designed For The Care Of The Couple’s Disabled Child, She Also Had More Expenses Than Husband.             Husband in Marriage of Castia, Case No. A155088 (1st Dist., Div. 1 December 2, 2019) (unpublished)

Family Law: Denial Of Fourth Request For “Needs-Based” Appellate Fees By Ex-Wife Reversed

Cases: Family Law

Res Judicata Ground For Denial Was Not Borne Out Because Earlier Three Denials Were Without Prejudice.             Marriage of Uriostegui and Maffei, Case No. B289948 (2d Dist., Div. 7 Dec. 23, 2019) (unpublished) demonstrates that sometimes the fourth time is the charm.             What happened in this dissolution case is that a family law commissioner,

Fee Clause Interpretation, Section 1717: Plaintiff Nonparty Manager To An LLC Operating Agreement Not Subject To Attorney’s Fees When Losing Tort Claims Against An LLC Member

Cases: Fee Clause Interpretation, Cases: Section 1717

Even though Plaintiff Was A Suspended Entity, Retroactive Revival Preserved Ability To Oppose Fees Motion, Which Could Still Not Be Granted If No Fee Entitlement.            In 9450 Topanga Properties, LLC v. Alpine Consultants, LLC, Case No. B293178 (2d Dist., Div. 4 Dec. 23, 2019) (unpublished), plaintiff manager, not a party to an LLC Operating

In The News . . . . California Is Number Two Worst Jurisdiction For Defendants/Good For Plaintiffs In ATRA’s 2019-2020 “Judicial Hellholes” Report

In The News

Philadelphia Surpasses California This Time, With California Number One In 2018-2019.             The American Tort Reform Association (ATRA) has come out with its 2019-2020 “Judicial Hellholes” Report.  California slipped from #1 to #2, but only because Philadelphia was rated as really bad by ATRA.             Here is the listing of the worst venues for defendants

Interpleader: $16,000 Fee Award To Neutral Stakeholder Interpleading About $91,000 Was Appropriate

Cases: Interpleader

Even Though Award Larger Than Most Interpleader Fee Awards, No Abuse Of Discretion In Denying $83,473.09 Fee Request By Neutral Stakeholder Plaintiff.              In California Apartment Properties Ltd v. Norton, Case No. B291601 (2d Dist., Div. 2 Dec. 20, 2019) (unpublished), an investment advisor—the neutral stakeholder—filed an interpleader action against ex-wife, ex-husband’s estate, and two

Homeowner Associations, Section 1717: $220,000 Fee Award To HOA Under CC&Rs Fees Clause Was Proper

Cases: Homeowner Associations, Cases: Section 1717

Plaintiff’s Unsuccessful Action Was Founded On CC&Rs Rights, Not Just Solely Sounding In Tort; HOA; Directors Had Sought $322,840 In Fees.             HOA and HOA directors were awarded $220,000 in attorney’s fees against an unsuccessful plaintiff bringing a suit to challenge HOA’s policies and CC&Rs about parking and the permitting process, as well as enforcement

Civil Rights: After Appellate Court Reversed $5 Million Punitive Damages Component OF FEHA Jury Verdict And After Defendants Paid The Trial Level Fee Award, Lower Court Did Not Abuse Its Discretion in Refusing To Award Additional Fees To Plaintiff

Cases: Civil Rights

$1,037,286 Fee Award Was Paid On Remand From $3.769 Million FEHA Compensatory Verdict.             Plaintiff in Leggins v. Rite Aid Corp. & Thrifty Payless, Inc., Case No. B290700 (2d Dist., Div. 1 Dec. 20, 2019) (unpublished) had won a FEHA harassment/wrongful discharge verdict against defendants to the tune of $3.79 million in compensatory damages, $5

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