Author name: Marc Alexander

Costs: Prevailing Defendant Did Not Have To Raise Winning Arguments Earlier In The Litigation, Through A Demurrer, In Order To Recoup Routine Costs

Cases: Costs

CCP § 1033.5 Has No Optimal Efficiency Requirement, Only That The Costs Were “Reasonably Necessary” To The Litigation.             The losing plaintiff on a summary judgment motion contested an award of routine costs in Harris v. VII Pier Pointe Owner, LLC, Case No. B280729 (2d Dist., Div. 4 Oct. 14, 2019) (unpublished).  Plaintiff’s argument was […]

Liens For Attorney Fees, Prevailing Party: Assignee, Principal Of Client, Had Standing To Bring Declaratory Relief Action As To Contractual Attorney’s Lien Claimed By Prior Counsel

Cases: Liens for Attorney Fees, Cases: Prevailing Party

Given Reversal Of Judgment On The Pleadings On This Issue, There Was No Prevailing Party Yet Such That Law Firm Properly Denied Attorney’s Fees.             In Roth v. Epps & Coulson, LLP, Case Nos. B285265 et al. (2d Dist., Div. 4 Oct. 15, 2019) (unpublished), prior counsel of record ran into a rift with their

Special Fee Shifting Statute: Civil Code Section 3334, A Statute Allowing For Costs Recovery For Wrongful Occupation Of Real Property Does Not Encompass Attorney’s Fees

Cases: Special Fee Shifting Statutes

Companion Post To Our Post Describing A Reversal Of Fees Based On Civil Code Section 1717.             We recently posted on McAlister Investments, Inc. v. Thomas, Case No. G056330 (4th Dist., Div. 3 Sept. 30, 2019) (unpublished), where our Santa Ana local court reversed an attorney’s fees award after concluding a declaratory relief action did

Assignment, POOF!, Section 1717: Plaintiff’s $169,534.60 Fees Award Goes POOF! On Appeal

Cases: Assignment, Cases: POOF!, Cases: Section 1717

Although The Dispute Concerned Contractual Rights, The Contractual Attorney Fees Provision Relied Upon In Issuing Award Did Not Apply Because There Was No Breach Of Contract.             In McAlister Investments, Inc. v. Thomas, Case No. G056330 (4th Dist., Div. 3 Sept. 30, 2019) (unpublished), neighboring land owners got into a dispute pertaining to a

Appeal Sanctions, Employment, Judgment Enforcement, Undertaking: Employer Fails In Multiple Attempts To Reduce Fee Award, CEO Is Properly Denied Fees Following Successful Alter Ego Challenge, And Attorney Sanctioned $7,765 For Meritless Challenge

Cases: Appeal Sanctions, Cases: Employment, Cases: Judgment Enforcement, Cases: Undertaking

The Fees Award Against Employer Had Been Affirmed By The Sixth District Three Years Prior, The CEO Could Not Prove Employee’s Alter Ego Claims Were Frivolous, But Employer’s Motion To Release Surety Bond So Frivolous It Warranted 6th District’s Issuance Of Sanctions On Its Own Motion.             We originally posted on Khanna v. Sonasoft

Miscellaneous: An Addition To Our Mission Statement Is Proposed

Miscellaneous

From Tail To Dog.     Attorney Damian R. Castaneda has sent us a modest proposal:  I wanted to make a contribution to your mission statement about "All too often attorney fees become the tail that wags the dog in litigation."  Deane Gardenhome Assn. v. Dentkas, 13 Cal.App.4th 1394, 1399 (1993). How about including Dorsey’s more extreme

Civil Rights: Florida’s Federal District Courts Split On Whether Prevailing Flood Plaintiffs Can Recover Attorney’s Fees Against Write Your Own Insurance Carriers

Cases: Civil Rights

Theory Is That Carriers Are An Extension Of FEMA In Remitting Payments So As To Trigger Fee Recovery Under EAJA.             Back in 2009, the Fifth Circuit in Dwyer v. Fidelity National Prop. & Cas. Ins. Co., 565 F.3d 284, 289 (5th Cir. 2019) foreclosed recovery of attorney’s fees in coverage litigation by flood plaintiffs

Arbitration: Based On Law Of The Case And Preclusion Doctrines, Prevailing Arbitration Law Firm Properly Denied Fees In Post-Arbitration Judicial Proceeding Relating To Arbitration Award

Cases: Arbitration

Prior Appellate Decision Basically Sealed The Result, With The Trope Prohibition Also Requiring Denial Of Fees Relating To Another Law Firm Attorney Whose Personal Interests Were Not Implicated.             On May 25, 2019, we earlier posted on a prior decision which was implicated more recently in eGumball, Inc. v. Call & Jensen, Case No. G056650

Consumer Statutes, Reasonableness Of Fees: Morris Lemon Law Fee Decision Now Certified For Publication

Cases: Consumer Statutes, Cases: Reasonableness of Fees

2 DCA Affirmed Trial Court’s Reduction Of Attorney’s Fees Request In Lemon Law Case For Unnecessary Duplication By Plaintiff’s Attorneys.              On September 17, 2019, we posted on Morris v. Hyundai Motor America, Case No. B290693 (2d Dist., Div. 7 September 16, 2019), which was unpublished at the time.  In that case, a lemon law

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