Author name: Marc Alexander

Miscellaneous: The Judge Group, With An Irvine, California Office, Has Three Attorney’s Fees Insurance Products For Consideration By Litigants And Their Counsel

Miscellaneous

The Three Products Are Fee Shifting Insurance, Attorney’s Fees Insurance, And Contingency Fee Insurance.             Co-contributors Mike and Marc met with James Blick, director of The Judge Group, which operates under the name TJ Insurance Services in California (with its office in Irvine) and makes available three attorney’s fees insurance products for consideration by litigants […]

Allocation, Prevailing Party, Substantiation Of Reasonableness Of Fees: Prevailing Plaintiff Under Civil Code § 3344 Properly Awarded $137,595.20 In Attorneys’ Fees And $9,523.55 In Costs While Prevailing Defendant Under § 3344 Properly Denied Fees

Cases: Allocation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

Plaintiff – Although Seeking Six-Figures In Damages – Had Achieved His Litigation Purposes Through Damages Verdict of $10,000, But Dismissed Defendant Failed To Meet His Burden As To The Reasonableness Of His Fees Request.             In Dice v. X17, Inc., Case No. B2282448 (2d Dist., Div. 3 September 27, 2019) (unpublished), a celebrity news

Prevailing Party: Fourth District Affirms $5,000 Attorneys’ Fees Award To Prevailing Defendant Despite Request Erroneously Made Under The Wrong Statute

Cases: Prevailing Party

The Correct Statute Allowed For Fees And There Was No Prejudice To Plaintiff.         In Jabbar v. Loy, Case No. D075200 (4th Dist., Div. 1 November 8, 2019) (unpublished), plaintiff sought an elder abuse restraining order against defendant pursuant to Welf. & Inst. Code § 15657.03.  The following month, the trial court granted plaintiff’s request

Section 998, Special Fee Shifting Statute: Berkeley Municipal Ordinance “Reasonable Fee” Requirement Disposed Of Winning Cross-Appellant’s Fee Challenge

Cases: Section 998, Cases: Special Fee Shifting Statutes

CCP § 998 Does Not Expand Fee Allowance, But Only Expands Group Of Litigants Treated As Prevailing Parties.             Glaser v. Mitchel, Case No. A155815 (1st Dist., Div. 4 Nov. 7, 2019) (unpublished) was a neighborhood dispute over sunlight/tree disputes—something we have posted on many times before with respect to various California venues.  There was

Construction, Prevailing Party: General Contractor Plaintiff Prevailing In Litigation Matter Against Subcontractor Through A Summary Judgment Motion Entitled To Contractual Fees

Cases: Construction, Cases: Prevailing Party

General Contractor Won A Positive Recovery By Keeping A $125,000 Properly Withheld Retention As Against The Sub.             Justice Wiley of the 2/8 DCA is showing a lot of writing panache in recent opinions, with the one we now post on involving a contractual attorney’s fees issue.             In Regency Midland Construction, Inc. v. Legendary

Civil Rights: Second District Affirms $46,800 Attorneys’ Fees Award Against Unsuccessful Whistleblower Plaintiff

Cases: Civil Rights

A Lawsuit Brought In Bad Faith With Several False Statements In His Complaint Sealed The Deal For This Plaintiff.             In Marciano v. City of Los Angeles, Case Nos. B287477 and B288907 (2d Dist., Div. 8 November 4, 2019) (unpublished), two police officers brought a whistleblower lawsuit against the City of Los Angeles claiming retaliation

Probate: Beneficiary’s Continuous Bad Faith Objections To Trustee’s Activities and Accountings Cost Him A Surcharge Of $153,245.25 In Attorneys Fees and $11,339.79 In Costs

Cases: Probate

Beneficiary’s Contention That Trial Court Erred In Concluding His Objections Were Made In Bad Faith Was Not Supported With Evidence Or Authority.             In Ettinger v. Gaskin, Case No. B287857 (2d Dist., Div. 3 November 4, 2019) (unpublished), two brothers, Roger and Arnold, were beneficiaries to their parents’ trust.  After their father passed, their

Family Law: Singer/Actor Tyrese Gibson Achieves $47,485 Reduction To Needs-Based Attorneys Fees Awarded To Ex-Wife Based On Trial Court’s Calculation Error

Cases: Family Law

Significant Disparity Between The Parties' Income And Assets Mandated The Fee Award.             In In re Marriage of Gibson, Case No. B294875 (2d Dist., Div. 1 November 1, 2019) (unpublished), ex-wife sought $170,890 in Family Code §§ 2030 and 2032 needs-based attorneys fees when ex-husband, singer/actor Tyrese Gibson, moved for a move-away order to

SLAPP: Despite Voluntary Dismissal Without Prejudice And Filing Of Parallel Federal Case, SLAPP Moving Defendants Entitled To Recovery Of Some Mandatory Fees

Cases: SLAPP

However, As Against One Defendant, SLAPP Fees Not Allowable On Plaintiff’s Intentional Infliction Of Emotion Distress Claim.             In Astre v. McQuaid, Case No. A154945 (1st Dist., Div. 2 Oct. 31, 2019) (unpublished), defendants filed a SLAPP motion against plaintiff’s state court complaint, with plaintiff choosing to voluntarily dismiss it without prejudice and seeking relief

Sanctions: Fourth District Affirms Monetary Sanctions Imposed Against Plaintiffs And Their Attorney For Abuse Of The Discovery Process

Cases: Sanctions

Appealing The Order Without A Reporter’s Transcript And With Only Partial Excerpts From The Clerk’s Transcript Proved To Be A Fatal Flaw.             In Williams v. Hernandez, Case No. E071599, (4th Dist. Div. 2 October 28, 2019) (unpublished), plaintiffs and their attorney challenged a monetary sanctions order issued against them for repeated failures to

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