Author name: Marc Alexander

Equity: Appellate Court, Although Sympathetic To Fee Losing Party, Could Not Reverse Because No Extrinsic Fraud Or Total Attorney Abandonment

Cases: Equity

Result Was A $190,499 Fee Exposure.            The appellate court in Stubblefield Properties v. Jacinto, Case No. D074718 (4th Dist., Div. 1 March 18, 2019) (unpublished) was not unsympathetic to a $190,499 fee recovery socked on a litigant where attorney malpractice was potentially involved. However, there was no basis to reverse, where the request was […]

Legislation: Effective January 1, 2019, California Public Records Act Amendments Clarify That Only Requesters Are Entitled To Prevailing Party Fees Unless A Request Is Frivolous

Legislation

Amendments Were In Response To The Result Being Sought By Public Entity In The Brazil Case In The Bay Area.             Before the legislative amendments which we will soon discuss, a public entity District in Newark Unified School Dist. v. Brazil, Alameda County Superior Court Case No. RG14738281 sought to recover prevailing party fees from

Private Attorney General: City Partially Prevailing On Solar Project Against Defendant, Especially On CEQA Claim, Properly Awarded Full Fee Request Of $543,731 Under CCP § 1021.5

Cases: Private Attorney General (CCP 1021.5)

No Abuse Of Discretion Shown, With No Binding Requirement To Allocate Or Reduce For Some Lack Of Success.             City of Walnut v. Mt. San Antonio Community College Dist., Case No. B287619 (2d Dist., Div. 5 March 15, 2019) (unpublished) is a situation where City petitioned to stop work on a solar energy general facility

Preemption, SLAPP: Cartwright Act’s Unilateral Fee-Shifting Provision In Favor Of Prevailing Plaintiffs Did Not Override SLAPP Fee-Shifting In Favor Of Partially Prevailing Defendants

Cases: Preemption, Cases: SLAPP

No Implied Override Was Found Appropriate By Appellate Court.             Plaintiff brought a Cartwright Act lawsuit against 11 defendants, some of whom were partially successful on anti-SLAPP motions—with the SLAPP statute allowing for mandatory fee awards to prevailing defendants. The rub here was that the Cartwright Act only has a unilateral fee-shifting provision in favor

Lodestar, Multiplier, Private Attorney General, Special Fee Shifting Statute: Plaintiff Taxpayer Properly Awarded Fee Of $116,647.47 For Prevailing In Political Reform Act Action

Cases: Lodestar, Cases: Multipliers, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

60% Total Positive Multiplier And Lodestar Awards Were No Abuse Of Discretion.             California’s Political Reform Act, codified at Government Code sections 81000 et seq., prohibits a public employee from influencing a governmental decision in which he/she has a financial interest.  There are liability provisions which allow a prosecutor or taxpayer to challenge the particular

Fee Clause Interpretation, Section 1717: $40,642 Contractual Fee Recovery Affirmed On Appeal

Cases: Fee Clause Interpretation, Cases: Section 1717

Storage Facilities Had A Clear Fee Entitlement Provision, With Another Provision Not Capping Them At All—With Reasonable Fees Being The Only Limitation.             In Enjati v. Big Bear Moving, Inc., Case No. E068332 (4th Dist., Div. 2 Mar. 13, 2019) (unpublished), defendants were awarded contractual attorney’s fees after prevailing at trial on a storage facility

POOF!, Probate: Plaintiffs’ Award Of $500,000 In Attorney Fees Necessarily Falls With Reversal And Remand Of Trial Court’s Judgment On Appeal

Cases: POOF!, Cases: Probate

The Trial Court’s Inconsistencies In Its Findings And A Lack of Substantial Evidence Means A New Trial Is Required To Re-Evaluate The Claims And Defenses.             Miranda v. Alford, Case No. G054897 (consolidated with G055167) (4th Dist., Div. 3 March 8, 2019) (unpublished) is a case involving a man’s wife of eight years, and

Homeowner Associations, Prevailing Party, SLAPP, Substantiation Of Reasonableness Of Fees: No Abuse of Discretion In Awarding Prevailing Plaintiff $114,990.75 In Lawsuit Against Homeowners Association

Cases: Homeowner Associations, Cases: Prevailing Party, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Condominium Owner Plaintiff Wisely Sought Fees Only For The Claims On Which She Prevailed Against Association             The Broadway Hollywood is a 10-story historical building on the corner of Hollywood and Vine. It was constructed in 1927 and originally used as a store. However, the building was abandoned in 1987 and remained vacant for

Multipliers, Private Attorney General, Special Fee Shifting Statutes: 1/3 DCA Affirms Aggregate CCP Section 1021.5 Fee Award Of $368,959 To Successful Plaintiff And Remands For Determination Of Additional Fees For Appellate Win

Uncategorized

Plaintiff’s Work In First Action – Dismissed On The Grounds Of Mootness – Was Necessary To Establish Fee Claim At Trial And On Appeal After Win Of Essentially Identical Second Action             In Point San Pedro Road Coalition v. County of Marin, Case No. A152144 (1st Dist., Div. 3 March 6, 2019), Defendant County

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