$207,350 Fee Recovery Went POOF! On Appeal. In Pasco v. MGK Consulting, Case No. B281144 et al. (2d Dist., Div. 2 March 27, 2019) (unpublished), defendants won a motion for judgment at the close of plaintiffs’ case based on lack of standing for two claims and eventually obtained judgment in their favor as to […]
Plaintiffs Recovered $8,500; Sought Fees Of $171,000; Were Awarded Fees Of $37,250. Lack of success in a case can certainly impact fee recovery to prevailing parties, as Almaguer v. Newland Entities, Inc., Case No. C075662 (3d Dist. March 27, 2019) (unpublished), demonstrates. There, two plaintiffs partially prevailed on certain labor/wrongful termination claims, but
Unlike Other Fee Areas, Brown Act Fee Award Must Specifically Set Forth Predicate Findings. We learn something just about every day by blogging. California’s Brown Act—designed to promote governmental transparency through opening meeting protections—does have a fee-shifting clause in Government Code section 549605.5, which allows an award of fees and costs where defendant has
City Could Have Settled Early On For $32,500 Or $30,000. Our next post explores an incredible case in North Carolina involving a North Carolina couple, the Wilkes, who sued the City of Boiling Spring Lakes in inverse condemnation for raising the level of a lake and taking away about 1,200 square feet of the
Section 1717 Allows For Recovery “On A Contract,” Not For Fraud. An individual defendant in High Sierra Properties, Inc. v. Mitchell, Case No. B280201 (2d Dist., Div. 7 March 25, 2019) (unpublished) was feeling pretty good after winning a nonsuit in which he was sued for fraud, both individually and as an alter ego
40-Day Post-Remittitur Period Did Not Govern. In Mangine v. Ball, Case Nos. B285059/B286055 (2d Dist., Div. 7 March 25, 2019) (unpublished), tenant lost a case for failure to maintain her rental unit in line with building codes. The prevailing party filed for routine costs, with the trial court rejecting the tenant’s motion to tax
However, Appealing Ex-Wife Not Awarded Costs On Appeal For Failure To Direct Trial Court’s Attention To This Omission. Since 2010, needs-based requests for attorney’s fees by family law litigants require family law judges to make findings on whether there is a disparity in access to funds by one party and whether the responding party
Lower Court Should Have Credited Parties’ Admissions, With No Invited Error Based On Record Before The Lower Court. If you, as a litigant, make an admission as to fee entitlement, but then try to change course based on a trial court’s different path, you may be bound by the admission in an appeal and
Defendant Failed To Meet RFA Costs Of Proof Burden Or Segregate Out Costs For Actually Proving Truths Of Matters In A Demurrer Proceeding, While Plaintiff’s Request For 128.7 Sanctions In An Opposition Was Procedurally Infirm. I guess we can say that the results in Eng v. Brown, Case No. D072980 (4th Dist., Div. 1
Mathematical Error In Costs Award Corrected, But Nonparty Could Not Be Added As Joint Obligor On Costs Award. Sailors v. City of Fresno, Case No. F075577 (5th Dist. March 20, 2019) (unpublished) (there are two other unpublished consolidated cases, but the results are the same) involved a plaintiff suffering severe injuries in a trip
