Author name: Marc Alexander

Sanctions, Section 1717: Failure To Provide Safe Harbor Notice And Combining 1717 Fee Request With Sanctions Motion Rendered $176,869 Award Infirm

Cases: Sanctions, Cases: Section 1717

Prelitigation Conduct Does Not Justify 128.5 Sanctions Award, But Combo Motion Also Justified The Result.             In Broadcast Music, Inc. v. Structured Asset Sales, LLC (Currency Corp.), Case Nos. B272418/B278379 (2d Dist., Div. 2 July 30, 2019) (unpublished), the appellate court reversed a $176,869 CCP § 128.5 sanctions award against a client represented by co-contributor […]

Allocation, Civil Rights, Multiplier: Cohabiting Unmarried Couple Tenants Winning $11,970 On FEHA Marital Discrimination Claim, Despite Losing Privacy Invasion And Quiet Enjoyment Claims, Properly Awarded $389,200 In Attorney’s Fees

Cases: Allocation, Cases: Civil Rights, Cases: Multipliers

Fees Properly Included A 1.3 Multiplier, With No Allocation Required Because Proof On FEHA And Other Claims Were Intertwined.             Plaintiff tenants, a cohabiting unmarried couple, sued a San Francisco defendant apartment owner for FEHA marital discrimination, invasion of privacy, and breach of the quiet enjoyment covenant based on owner’s actions in attempting to evict

Tort Of Another: Cross-Defendants Could Not Pursue Fees Against Unsuccessful Cross-Complainant For Work Incurred Against Other Co-Cross-Defendants In The Same Action

Cases: Tort of Another

Fourth District, Division Two Is Also Dismissing Settled Appeals, But Still Issuing Its Views In Appeals Dismissed Late In The Appeal Process Or In Appeals With Minimal Merits.             CDFT Limited Partnership v. DKN Holdings, LLC, Case No. E067583 (4th Dist., Div. 2 July 29, 2019) (unpublished) was a situation where one successful group of

Indemnity, Paralegals, Reasonableness Of Fees: Famed Volleyball Player Kerri Walsh Jennings Properly Awarded Attorney’s Fees Of $92,726 For Contract Breach Claim Of $150,000

Cases: Indemnity, Cases: Paralegal Time, Cases: Reasonableness of Fees

Indemnification Clause Was Not A Third-Party Clause, So Fees Were Proper; $790-$850 Hourly Rate For 43-44 Year Los Angeles Litigator, $360-$395 For 4-5 Year Associate, And $290 For Paralegals Found To Be Reasonable By The Trial Judge And Appellate Court.             Just to show you how fee recovery can frequently come close to the underlying

Section 1717: Lack Of Contractual Relationship With A Fees Clause Doomed Cross-Defendant’s Recovery Of Attorney’s Fees

Cases: Section 1717

Cross-Defendant Sought, But Did Not Get, $352,790.50 In Fees.             Cardiodiagnostic Imaging Inc. (Cardio), whose president was Mr. Kay, sued two parties who eventually took over a commercial leased space when Cardio encountered business problems.  The two defendants denied that a business sale agreement had been reached with Cardio or Mr. Kay, but they brought

Deeds Of Trust, Fee Clause Interpretation: Narrow Nature Of Lender Fee Clauses In Promissory Note And Deed Of Trust Did Not Allow Fee Recovery To Lender Based On Wrongful Foreclosure Tort Claims

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

Broader Fee Clauses Might Have Resulted In A Different Conclusion!             Byun v. Loma Linda University, Case No. E069549 (4th Dist., Div. 2 July 25, 2019) (unpublished), although unpublished, does offer some drafting tips to lenders where wrongful foreclosure cases are brought by borrowers, who prevail and then want to recoup some attorney’s fees.             

Prevailing Party: Defendants Winning Five-Year Mandatory Dismissal Were Prevailing Parties For Attorney’s Fee Recovery Request Based Upon Lease Fees Clause

Cases: Prevailing Party

Lower Court Erroneously Allowed Plaintiff To Voluntarily Dismiss Without Prejudice.             In Cole v. Hammond, Case No. B292331 (2d Dist., Div. 4 July 24, 2019) (partially published), a trial court denied a defense motion to dismiss the case with prejudice because it had not been tried within five years and granted plaintiff’s motion to voluntarily

Liens For Attorney Fees, Retainer Agreements: Broad Retainer Lien Language Relating To A Lien For General Representation Did Allow For Attorney’s Lien Claim Work

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

Also, Lien Claim Work Can Encompass Unrelated Work To A Specific Litigation Case.             In Callahan & Blaine v. Vogeler, Case No. G055912 (4th Dist., Div. 3 July 24, 2019) (unpublished), attorney-defendant in pro per balked at a contractual breach lawsuit brought by Callahan & Blaine—a well-known Orange County law firm—based on broad attorney lien

Reasonableness Of Fees, Special Fee Shifting Statute: Prevailing Defendant In Civil Harassment Proceeding Properly Awarded $10,000 In Fees And $1,100 In Costs

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Trial Court’s Conclusion That $181,013.63 Request Was Unreasonable/Inflated Was Affirmed On Appeal.             Folks, we can reiterate that you need to make opening fee requests which are reasonable and bear some semblance of reality to the case involved, subject to aggressive tactics by the other side or complexity/longevity of the case which usually will justify

Scroll to Top