Author name: Marc Alexander

Landlord/Tenant, Section 998, Special Fee Shifting Statute: In Two Related Opinions, 1/2 DCA Explores San Francisco Eviction Ordinance Fee-Shifting Provision, Determining Owners Were Properly Awarded Attorney’s Fees Against Two Tenants

Cases: Landlord/Tenant, Cases: Section 998, Cases: Special Fee Shifting Statutes

In One Case, Section 998 Offer Was Not Beat Even Though Two Plaintiff Tenants Did Get Positive Damages Under The San Francisco Residential Rent Stabilization And Arbitration Ordinance.             The 1/2 DCA in two opinions, Pitre v. Lam and Wong, Case No. A151061 (1st Dist., Div. 2 Aug. 7, 2019) (unpublished) and Randt v. Lam, […]

Settlement: 2/4 Cal Court Of Appeal Holds That Stipulated Judgment Is An Unenforceable Penalty

Cases: Settlement

And The Court Explains How The Stipulated Judgment Could Have Been Structured So As To Be Enforceable.         "The principal issue in this appeal is whether the stipulated judgment constitutes an unenforceable penalty." Red & White Distribution, LLC, et al. v. Osteroid Enterprises, LLC and cross-complaint, B291188 (2/4  8/9/19) (Currey, Manella, Willhite).  Here, "the parties

Prevailing Party, Sanctions, Special Fee Shifting Statute: Motel Owner And City Properly Found To Not Have Prevailed For Purposes Of Substandard Building Fee-Shifting Statute

Cases: Prevailing Party, Cases: Sanctions, Cases: Special Fee Shifting Statutes

Also, Motel Owner Properly Hit With Opposition Fees For Denied CCP § 128.5 Motion.             In City of South Lake Tahoe v. Cobrae, Case No. C083568 (3d Dist. Aug. 5, 2019) (unpublished), City of South Lake Tahoe filed a petition seeking appointment of a receiver against a motel owner based on allegations that he had

Class Action, Multipliers: Eleventh Circuit Court Of Appeals Affirms Most Of Class Counsel Award In Home Depot Data Breach Case, But Reverses 1.3 Positive Multiplier Enhancement

Cases: Class Actions, Cases: Multipliers

Federal Appellate Court Provides Scholarly Analysis Of Differences Between Common Fund, Constructive Common Fund, And Contractual Fee-Shifting Cases.             In In re:  Home Depot Inc. Customer Data Security Litig., No. 17-14741 (11th Cir. July 25, 2019) (published), the Eleventh Circuit faced review of a $15.3 million fee award to class counsel in a class action

Special Fee Shifting Statute: $22,139.75 Fee Award To State Parks Under CCP § 1038 Reversed On Appeal Because Plaintiff’s Suit Did Not Lack Reasonable Cause

Cases: Special Fee Shifting Statutes

Case Law Was Not Clear Cut That A Stairway Was A Trail For Governmental Trail Immunity.             This next case involved a plaintiff injuring herself on a state park stairway near the Bootjack Trial in Mt. Tamalpais State Park (which happens to be situated in Marin County, a Bay Area county).  She sued the State

Civil Rights, Section 998: 4/1 DCA Decides That Nonfrivolous FEHA Actions Cannot Give Rise To Routine Cost Recovery Even Though A CCP § 998 Offer Was Rejected

Cases: Civil Rights, Cases: Section 998

Legislature’s 2019 Amendment In Government Code Section 12965(b) Was To Be Retroactively Applied.             Effective January 1, 2019, the California Legislature amended Government Code section 12965(b) to resolve a split between two decisions, Sviridov and Arave [both of which were discussed in posts under our categories “Civil Rights” and “Section 998”], about whether CCP §

Private Attorney General: Extremely Destitute Plaintiff Winning Unemployment Benefits In Two Prior Appellate Decisions And Accompanying Litigation Was Improperly Cut Off From Fee Recovery For First Phase Of The Litigation

Cases: Private Attorney General (CCP 1021.5)

$365,660.94 Award For $1 Million In Requested Work Was Not Enough Given The Nature Of The Dispute.             Equities do matter in decisions, and Robles v. Employment Development Dept., Case No. A148803 (1st Dist., Div. 4 Aug. 1, 2019) (published) is no exception in the private attorney general fee area.             Plaintiff earlier had won

Family Law: Ex-Wife In Languishing Dissolution Matter Properly Denied Pendente Lite And Request For Appellate Fees To Process An Appeal

Cases: Family Law

Languishing Nature Of Case And Ex-Wife’s Debt To Ex-Husband Figured In The Result.             In Marriage of Charchian & Mahgereftech, Case No. B270201 (2d Dist., Div. 2 July 31, 2019) (unpublished), ex-wife let a dissolution case languish for five years, went through multiple attorneys, eventually had a judge conclude she was entitled to very little

Judgment Enforcement: Appellate Court Affirms $30,000 Award Of Postjudgment Enforcement Fees To Judgment Debtor, Even Though $157,418 Was Requested

Cases: Judgment Enforcement

1/2 DCA Does Express Great Frustration With Respect To Both Sides For Acrimonious Litigation Stemming From A $21,000 Judgment.             Based on blogging for a number of years and reading thousands of California intermediary appellate opinions (published and unpublished), we can safely say that appellate courts, like trial judges, grow weary of litigants who are

Prevailing Party: Demurrer Sustained Without Leave Is Procedural Victory That Gives Rise To Civil Code Section 1717 Prevailing Party Fees

Cases: Prevailing Party

Appellate Court Modified Judgment Based On Small Costs Reduction By Lower Court In Order To Put The Case To Bed.             Plaintiff losing contractual breach claims after a demurrer was sustained without leave to amend was later hit with an adverse $19,745 fees award based on a contractual fees clause (full fee request) and routine

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