Author name: Marc Alexander

In The News . . . . Plaintiffs’ Attorneys In Latino Voting Rights Case Seek $22.3 Million In Fees And Expenses As Counsel For Prevailing Plaintiffs Against The City of Santa Monica

In The News

City Is Appealing The Merits Determination Of Voting Rights Violations; Plaintiffs’ Lead Counsel Estimates City Spent Between $13-20 Million On Defense Side.      As reported by Jorge Casuso in “Voting Rights Attorneys Seek More Than $22 Million In Legal Costs” in an updated June 4, 2019 post in the Santa Monica Outlook, Plaintiffs’ attorneys are […]

Intellectual Property: Ninth Circuit Affirms $121,423.01 Fee Award Under Copyright Act After Defendants Prevailed On An Invalid Copyright Defense

Cases: Intellectual Property

Appeals Court Sustained District Judge’s Application Of Fogerty Factors, Finding That A Technical Defense “Win” Does Not Impede A Fee Award In This Area.             Defendants prevailed in Gold Value International Textile, Inc. v. Sanctuary Clothing, LLC, No. 17-55818 (9th Cir. June 4, 2019) (published) based on a “technical” defense that plaintiff’s copyright was invalid

Private Attorney General: $166,027.05, Almost Fully Requested CCP § 1021.5 Fee Award, Affirmed On Appeal In Charter School Geographical Territory Dispute

Cases: Private Attorney General (CCP 1021.5)

Section 1021.5 Was Satisfied Based On Abuse Of Discretion Deferential Review Standard.             CCP § 1021.5, California’s private attorney general statute, has several elements which must be satisfied.  On appeal from a fee award or fee denial, the issues present sometimes purely legal, mixed legal/factual issues, or purely factual issues for review purposes.  Which category

Appeal Sanctions, Fee Clause Interpretation, Section 1717: Absence Of Appropriate Fees Clause Doomed Prevailing Defendants’ Request For $621,328.34 In Attorney’s Fees

Cases: Appeal Sanctions, Cases: Fee Clause Interpretation, Cases: Section 1717

However, Plaintiffs/Appellants And Their Appellate Counsel Sanctioned $44,654.64 For Frivolous Appeal.             In J.B.B. Investment Partners Ltd. v. Fair, Case Nos. A152877/A153698 (1st Dist., Div. 2 June 4, 2019) (unpublished), plaintiffs prevailed on a breach of contract count through a summary adjudication motion based on defendants’ breach of a settlement agreement and a lot of

Fee Clause Interpretation: Fee Clause In PPM Did Not Cover Plaintiffs’ Negligence “Lost Investment” Lawsuit

Cases: Fee Clause Interpretation

Broader Language Might Have Led To A Different Result.             Defendant won a negligent “lost investment” lawsuit brought by plaintiffs where there was a private placement memorandum (PPM) with an attorney’s fees clause.  The clause stated:  “If either party commences litigation for the judicial interpretation, enforcement, termination, cancellation, or rescission hereof, or for damages (including

Civil Rights: Prevailing Civil Rights Plaintiffs In Significantly Pared Down Police Raid Case, Gaining Damages Of About $5,400, Properly Denied Fees Altogether

Cases: Civil Rights

Based On Limited Success And Inflated Billings, $2.4-3.8 Million Fee Requests Did Not Resonate With Trial Or Appellate Courts.             Guillory v. Hill, Case No. G054027 (4th Dist., Div. 3 May 31, 2019) (unpublished) dealt with a civil rights case brought by plaintiffs after a police raid of a mansion in the aftermath of a

Employment: $46,062 Fee Award Out Of Requested $104,771 Was No Abuse Of Discretion Where Co-Counsel Fees Seen As Unnecessary And .6 Negative Multiplier Applied

Cases: Employment

Plaintiff Only Recovered $29,505.18 In Wage/Hour Damages.             In Shaw v. I-Safe, Inc., Case No. D073721 (4th Dist., Div. 1 May 31, 2019) (unpublished), plaintiff recovered $29,505.68 in damages in a wage/hour case, then moved for $104,771 in fees as the prevailing party (an amount which included fees for a co-counsel).  The lower court awarded

Indemnity: LLC Operating Agreement Provision Was An Indemnity, Not A Fees Clause, Requiring Reversal Of A $71,032.50 Fee Award To Prevailing Plaintiffs.

Cases: Indemnity

Section 1717 Does Not Change The Result If The Indemnification Provision Does Not Apply.             In JFK Investment Group, LLC v. Kobi, Case No. B287455 (2d Dist., Div. 3 May 31, 2019) (unpublished), plaintiffs won a LLC dispute and then obtained $71,032.50 in fees under an LLC indemnity provision.  The relevant clause contained critical “indemnify”

Allocation, Reasonableness Of Fees: $45,000 Fee Award To Prevailing Party In Civil Harassment Restraining Order Case Affirmed On Appeal

Cases: Allocation, Cases: Reasonableness of Fees

Neighborhood Squabble Involving Dogs . . . . ARF!             Kinda hard to believe that neighbors can get into such nasty squabbles, but we chalk it up to human nature.  Unfortunately, dogs—which we believe to be great gifts to mankind—often times are at the center of these disputes.             In this one, Thomas v. Olshansky,

Fee Clause Interpretation: “Successor/Agent” Provision In Purchase Agreement Properly Led To Fee Award In Favor Of Prevailing Defendant Agent, Where Plaintiff Did Not Object To Instruction Stating Defendant Was An Agent

Cases: Fee Clause Interpretation

$143,775 Was The Fee Tally/$11,438 Was The Costs Tally, With The Appellate Court Chiding Losing Plaintiff For Disparaging Trial Judge And Engaging In “Apophasis.”             In Mayhew Plaza Woodland Hills II, LLC v. Kelsey, Case No. G055668 et al. (4th Dist., Div. 3 May 30, 2019) (unpublished), plaintiff purchaser sued defendant seller and defendant agent

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