Author name: Marc Alexander

Judgment Enforcement: Fees/Costs Incurred In Successfully Adding Judgment Debtors, Including Appellate Work To Obtain That Successful Outcome, Were Prejudgment Costs Not Governed By EJL Procedures Or Deadlines

Cases: Judgment Enforcement

Award Of $80,000 Each In Fees To Two Successful Plaintiffs Remanded For A Re-Do.             In Highland Springs Conference and Training Center v. City of Banning, Case No. E069248 (4th Dist., Div. 2 Nov. 21, 2019) (published), two CEQA petitioners obtained a successful judgment relating to an EIR certification, obtaining significant attorney’s fees under the […]

Prevailing Party, Section 1717: Losing Plaintiffs’ Strained Interpretation of Prevailing Party Language In Fees Clause Did Not Disturb Trial Judge’s Award Of Fees And Costs To Prevailing Defendants

Cases: Prevailing Party, Cases: Section 1717

$40,202 Was The Fees/Costs Award In Easement Dispute, Reduced From The Requested $79,675 In Fees.             Defendants/cross-complainants in an easement dispute won on every issue except for cross-complainants” claim that plaintiffs owed them money for utilities, garnering $1,350 for damages for injury to their livestock.  Even though there was no unqualified winner, the trial court

Costs, Experts, Insurance, Section 998: Trial Court Properly Awarded Costs, Including Almost $70,000 In Expert Witness Fees, To Successful Defendant After Plaintiff’s Rejection Of Defendant’s Section 998 Offer

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

Plaintiff May Have Been Overreaching When He Followed Defendant’s $15,001 Offer With His Own $299,995 Offer Given Jury’s Return Of Defense Verdict.             Grayfer v. Wawanesa General Ins. Co., Case No. B285554 (2d Dist., Div. 7 November 18, 2019) (unpublished) provides a cautionary tale about the risk involved in overreaching and rejecting reasonable section

POOF!: Plaintiff Prevailing On Summary Adjudication Has His Contractual Damages Award, Interest, Costs And Contractual Attorney’s Fees Award Go POOF! On Appeal

Cases: POOF!

The Trial Court Erred In Granting Plaintiff’s Motion For Summary Adjudication On Breach Of Contract Claim Because Defendants Had Established A Triable Issue Of Fact, And That Error Prejudiced The Subsequent Bench Trial On Other Claims.             In Groth v. Gilad, Case Nos. A151497 and A150493 (1st Dist., Div. 5 November 18, 2019) (unpublished), plaintiff

Appealability, Homeowner Associations, Prevailing Party, Special Fee Shifting Statutes: Second District Affirms $67,458.07 Attorneys’ Fees Awarded To Prevailing Defendant On Remand

Cases: Appealability, Cases: Homeowner Associations, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Gravamen of Plaintiffs’ Action Was Based On Governing CC&Rs Which Made Defendant Prevailing Party For Attorneys’ Fees Purposes When She Defeated The Action Through Demurrers And Plaintiffs’ Voluntary Dismissal.             We first discussed our next case – Durack v. Wang, Case No. B293597 (2d Dist., Div. 7 November 18, 2019) (unpublished) – in a

Appealability, Lis Pendens: The Sixth District Expresses No Opinion As To Defeated Plaintiff’s Challenge To Lis Pendens Expungement And Attorneys’ Fees Order

Cases: Appealability

Plaintiff Appealed Defendants’ Successful Demurrer Without Leave To Her First Amended Complaint, But Failed To Appeal The Later Issued Expungement and Fees Order.             Bryer v. J.P. Morgan Chase, N.A., Case No. H045407 (6th Dist., November 18, 2019) (unpublished), provides a reminder that appeal of an underlying judgment generally does not include matters later

Family Law: Ex-Wife’s Needs Based Support Fee Request Properly Denied

Cases: Family Law

She Had More Assets/Wealth After Dissolutions Rulings And Future Payments By Husband Which Meant She Should Pay Her Attorneys When She Recoups!             Ex-wife was probably not happy that her Family Code sections 2030/2032 “needs based” attorney’s fees request was denied again in Marriage of Restaino, Case No. G054778 (4th Dist., Div. 3 Nov. 14,

Costs, Special Fee Shifting Statute: Venue Transfer Order—Under Penalty Of Dismissal—Ran From Service Of Minute Order, With Plaintiff’s Noncompliance Leading To A Reversal

Cases: Costs, Cases: Special Fee Shifting Statutes

Failure To Dismiss Case Lead To A Real Reversal Of Fortune!            In Southwestern Law School v. Benson, Case No. BV032895 (L.A. County Superior Ct. App. Div. Oct. 25, 2019, posted Nov. 14, 2019) (published), a very narrow issue was presented on appeal, with dire consequences for the plaintiff.  The issue was whether a plaintiff

Intellectual Property: E.D. Michigan Federal Magistrate Judge Explores The Exceptional Circumstances Under Which A Prevailing Party Can Be Awarded Attorney’s Fees By A District Court Based On PTAB IPR Successful Work

Cases: Intellectual Property

Exceptionality Standard Presents A High Obstacle For PTAB Fee Recovery.             In American Vehicular Sciences LLC v. Autoliv Inc., 2019 U.S. Dist. LEXIS 164343 (E.D. Mich. Aug. 30, 2019), report and recommendation adopted in 2019 U.S. Dist. LEXIS 162914 (E.D. Mich. Sept. 24, 2019), U.S. Magistrate Judge Anthony P. Patti explored what circumstances might warrant

Family Law: $10,000 2030 Award To Ex-Wife With A Big Disparity In Income/Assets Affirmed On Appeal As Against Ex-Husband

Cases: Family Law

Appellate Court Implored That Appealing Ex-Husband Get Beyond Past Dissolution Disputes.             Marriage of Dodson, Case No. E070719 (4th Dist., Div. 2 Nov. 12, 2019) (unpublished) is an interesting acrimonious dissolution case where husband and wife went back and forth in a marriage where only a finite of assets/income were at issue.  (Sound familiar?)            

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