Author name: Marc Alexander

Homeowner Associations, Section 1717, Special Fee Shifting Statutes: Homeowner Plaintiffs In A Common Interest Development Dispute Over Assessment Liens Must Pay Prevailing Party Defendants $125,796.50 In Attorney Fees

Cases: Homeowner Associations, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Summary Judgment Hinged On Voting Rights Language In The Covenants Of The Development             The Davis-Stirling Act (Civ. Code section 4000 et seq.) governs the creation and operation of common interest developments, and requires such developments to be managed by a homeowners association, which homeowners are generally mandated to join.             In Bertoli v. […]

Construction, Indemnity, Insurance: Subcontrator’s Insurer On The Hook To Indemnify It To The Tune Of $1,532,973.87 In Damages And Fees, Plus Prejudgment Interest, Following Entry Of Default Judgment Against Subcontractor

Cases: Construction, Cases: Indemnity, Cases: Insurance

Homebuilder’s Insurer Sued Subcontractor’s Insurer After Fully Indemnifying Homebuilder In Underlying Action For Construction Defect Damages and Attorney Fees         The Insurance Company of The State of Pennsylvania v. American Safety Indemnity Company, Case No. B283684 (2d Dist., Div. 8 March 1, 2019) (published) involves a dispute between insurers resulting from an underlying case. The

Homeowner Associations, Section 1717: One Homeowner Prevailing Over Another In Dispute Over Location Of A Fence Was Entitled To Fee Recovery Under Civil Code Section 1717

Cases: Homeowner Associations, Cases: Section 1717

Dispute Was Covered Under CC&R’s Fee Provision.             In Hunkel v. Gerhardt, Case No. H044753 (6th Dist. March 12, 2019) (unpublished), two neighboring homeowners squared off in a dispute over the placement of a fence by one homeowner group. The defendant homeowners claimed that there was no proper board of directors making a decision on

Probate: Brother Properly Denied Fees In Failing To Obtain Conservatorship Over Mother

Cases: Probate

His Anger Over Another Probate Dispute Was The Driving Cause So That Claimed Conservatorship Fees Were Unreasonable.             Probate is one of those areas where attorney’s fees recoveries are guided, overwhelming, by equitable principles. Reaume v. Reaume, Case No. G054759/G054864 (4th Dist., Div. 3 March 12, 2019) (unpublished) well demonstrates this reality.             There, one

Intellectual Property: Ninth Circuit Affirms District Judge’s Failure To Award Attorney’s Fees To Prevailing Party In Vodka Trade Dress Infringement Case

Cases: Intellectual Property

Case Was Not Exceptional As To Allow For $4 Million-Plus Fee Recovery Under Lanham Act.             In Globefill Incorporated v. Elements Spirits, Inc., No. 17-56574 (9th Cir. March 8, 2019) (unpublished memorandum opinion), the Ninth Circuit was involved with the appeal by a prevailing plaintiff in a vodka bottle trade dress infringement suit. Plaintiff, a

Fee Clause Interpretation, Settlement: No Abuse of Discretion And No Error By Trial Court In Finding The Parties’ Settlement Agreement Valid And In Awarding Attorney Fees Of $83,340.22 To Defendants For Enforcement Of Settlement Agreement

Cases: Fee Clause Interpretation, Cases: Settlement

Plaintiff Hit With Attorney Fees Provision In Valid Settlement Agreement After Unsuccessfully Attempting To Back Out         In Martello v. Buck, Case No. B285001 (2d Dist., Div. 1 March 1, 2019) (unpublished), Plaintiff Doctor sued Defendants Patient husband and his wife for defamation, assault, and intentional infliction of emotional distress after Defendants expressed dissatisfaction with

Assignment, Prevailing Party, Reasonableness of Fees: No Abuse Of Discretion In Awarding Prevailing Defendant $92,155 After Reasonableness Reduction.

Cases: Assignment, Cases: Prevailing Party, Cases: Reasonableness of Fees

It Was Not Necessary For Court To Apportion Fees Between Contract-Based Causes Of Action, Claims Dismissed Before Trial, Defense of Defendant Corporation, and Defense of Corporation’s CEO Because Plaintiff’s Causes Of Action All Stemmed From A Common Factual Core, And All Claims Against CEO Were Also Alleged Against Entity.         In Grant v. AssistMed, Inc.,

SLAPP: Partial Reversal Of Trial Court’s Denial SLAPPing Defendants’ Motion Means Defendants Will Be Entitled To Mandatory Fees On Remand

Cases: SLAPP

Because They Did Not Achieve A Total Win On Their SLAPP Motion, Defendants Will Be Entitled Only To Fees That Relate To The Successful Portions Of Their Motion         A professor in California State University’s Department of Counselor Education received a report from one of his students that the then-Chair of the Department had sexually

Family Law: No Abuse Of Discretion For Trial Court To Issue Parentage Judgment Against Father And Award Of $3,000 In Attorney Fees To Mother, But No Substantial Evidence Supported Amount Of Income Imputed To Father

Cases: Family Law

Attorney Father, Whose Wife Had Passed, Claimed He Entered Into A Strictly No Strings Attached Arrangement With College Student Mother In Exchange For Money. She Claims Otherwise.         A child with special needs, who suffers from cerebral palsy and chronic lung problems, is at the center of this He Said/She Said in Monterey County Dept.

Fee Clause Interpretation: “Arising Out Of This Transaction” Language In Attorney-Client Engagement Letter Is Broad Enough To Allow Fee Recovery For Legal Malpractice And Contract Win By Former Law Firm Against Suing Former Client

Cases: Fee Clause Interpretation

Failure To Specify To Whom Fees Were Paid Was Not Fatal Either.             In Juarez v. Law Firm of Higbee & Associates, Case No. G054016 (4th Dist., Div. 3 Feb. 28, 2019) (unpublished), former law firm won a summary judgment against a former client who sued for legal malpractice and breach of the engagement contract

Scroll to Top