Author name: Marc Alexander

Trade Secrets: Equities Determine Whether A Prevailing Plaintiff Obtains Fee Recovery Under CUTSA’s Fee-Shifting Provision

Cases: Trade Secrets

Civil Code Section 3426.4 Allows A Prevailing Plaintiff Recovery For Willful And Malicious Misappropriation.             In trade secrets cases, Civil Code section 3426.4 allows for a discretionary court award of reasonable attorney’s fees and costs to the prevailing party “[i]f a claim of misappropriation is made in bad faith, a motion to terminate an injunction […]

Appealability, Section 1717: $9,000 SLAPP Fee Award Affirmed Given That Trial Court Invited It Through An Amended Motion

Cases: Appealability, Cases: Section 1717

Appeal Of Prior Merits Addition Of New Judgment Debtor Order Did Not Divest Trial Court Of Jurisdiction To Rule On Fee Motion.             In SMA Liquidating Corp. v. Leech Tishman Fuscaldo & Lampl, LLP, Case No. B287960 (2d Dist., Div. 7 May 13, 2019) (unpublished), the trial judge allowed a second request for consideration of

Allocation: Intertwined Contract/Tort Work Justified Fee Award

Cases: Allocation

Prevailing Party Was Entitled To Fee Recovery Of $67,830 Based On Fee Clauses In Notes.             In R&J Construction, Inc. v. Abadir, Case Nos. A153301/A154101 (1st Dist., Div. 5 May 10, 2019) (unpublished), prevailing party obtained a $67,830 fee recovery based on contractual fees provisions in several notes.  On appeal, the losing party argued that

Section 998: Client’s “Waiver Of Costs” CCP § 998 Offer Was Enforceable Where Client Defenses To Law Firm Fee Collection Disputes Were Revealed And Where Firm Voluntarily Dismissed The Case Many Months After Not Accepting The Offer

Cases: Section 998

Expert Fees Of $21,377.08 Were Assessed Against Law Firm Under 998 Cost-Shifting Feature.             In Ellis Law Group, LLP v. Nevada City Sugar Loaf Properties, LLC, Case No. C080930 (3d Dist. May 8, 2019) (unpublished), client disputed a law firm’s contention it was owed for unpaid legal fees based upon a conflict of interest and

Miscellaneous: NALFA Is Hosting An Attorney Fee CLE Program

Miscellaneous

National Association of Legal Fee Analysis Is Hosting A Program On May 30, 2019.         NALFA hosts CLE programs on attorney fee and legal billing issues.  NALFA is hosting an upcoming CLE webinar, “View From the Bench: Awarding Attorney Fees in Federal Litigation” on May 30, 2019 from Noon-2pm (Central).  This CLE program features an

In The News . . . . City Of San Juan Capistrano Seeking To Recoup $1.9 Million In Legal Fees From Insurer In Equestrian Center Contamination Settlement

In The News

Lawsuit Claims Insurer Only Paid 25% Of Total Fees.             As reported in the May 8, 2019 edition of The Orange County Register, San Juan Capistrano has sued its insurer Tokio Marine Specialty Insurance Company to recoup $1.9 million in unpaid legal fees the City incurred in reaching a settlement respecting water contamination at the

Probate: $1.867 Million Probate Fee Award To A Prevailing Party Was No Abuse Of Discretion Based On Complexity Of The Case

Cases: Probate

Fee Entitlement Existed Under Probate Code Sections 21351 And 17211.             In Estate of Ashlock, Case Nos. F076941 et al. (5th Dist. May 3, 2019) (unpublished), a prevailing party in a complex probate case with high stakes was awarded $1.867 million out of a requested $2.885 million, which included a positive 1.5 multiplier. Losing party

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