Author name: Marc Alexander

Default Judgment, Reasonableness Of Fees, Requests For Admission: Lower Court Properly Rejected Default Judgment Request Of About $308,000 In Fees Where Compensatory Damages Were Around $48,000

Cases: Default Judgments, Cases: Reasonableness of Fees, Cases: Requests for Admission

Fee Award Of $4,498.46 Was Proper, Given Inflated Fee Request; Costs Of Proof Sanctions Of $11,852.50 Out Of A Requested $123,016.40 Was Not Improper.                As only Justice Wiley can do in his individual writing style, he reminds us in LCPFV, LLC v. Somatdary Inc., Case No. B325599 (2d Dist., Div. 8 Nov. 13, 2024) […]

Insurance: Lower Court’s Rejection Of D&O Insurance Reimbursement Of Legal Expenses Was Erroneous

Cases: Insurance

Non-Indemnifiable Legal Expenses Are Usually Recouped Under D&O Policies, With Restitutionary Damages and Insurance Code Section 533 Exclusions Not Dictating Otherwise.                In Jasper v. Chubb National Ins. Co., Case No. H050804 (6th Dist. Nov. 12, 2024) (unpublished), a D&O insurer denied a CFO reimbursement for legal expenses in a federal securities case and related

Deadlines, Reasonableness Of Fees: Make Sure You File/Serve Fee Oppositions Correctly And On Time

Cases: Deadlines, Cases: Reasonableness of Fees

Also, Admissions In Appellate Brief Extension Requests Can Undermine A Claim That Fees Were Unreasonable Based On Non-complexity.                Currency Corp. v. Wertheim, LLC, Case No. B326827 (2d Dist., Div. 1 Nov. 5, 2024) (unpublished), where a substantial appellate fee award of $338,535 was sustained on appeal in favor of prevailing respondents, has some lessons

Block Billing, Multipliers, Reasonableness Of Fees: Plaintiff’s Counsel’s Inflated Fee Request In A Non-complex FEHA Case Where Block Billing And Failure To Explain Proliferation In Fees For A Six Month Period Through Trial Justified A Drastic Reduct

Cases: Block Billing, Cases: Multipliers, Cases: Reasonableness of Fees

Fee Request Was About $1.75 Million In A Case Where $36,757.25 In Damages Was Awarded, With A Lower Court Awarding Only $135,102.                Inflated fee requests are often reduced substantially and sometimes denied altogether.  In the next case, block billing, failure to explain a huge jump in the fee request for a six-month period, use

Civil Rights, Prevailing Party, Settlement, Special Fee Shifting Statutes: Stipulated Judgment To Enforce Settlement Had Post-Judgment Enforcement Language Carve-Out Allowing For Further Post-Enforcement Attorney’s Fees

Cases: Civil Rights, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Also, On Remand, Trial Judge Had To Determine If Plaintiffs Prevailed In Voting Rights Act Case; And, If So, Amount Of Further Fees To Be Awarded.                In Robles v. City of Ontario, Case No. G064119 (4th Dist., Div. 3 Nov. 6, 2024) (published; originally issued unpublished on October 24, 2024), plaintiffs alleged that defendants

Homeowner Associations, Prevailing Party: 4/1 DCA Affirms Prevailing Party Status And $48,229.08 Attorney Fees Award To HOA That Filed Successful Demurrer And Was Dismissed From Action With Prejudice

Cases: Homeowner Associations, Cases: Prevailing Party

HOA Pragmatically Achieved Prevailing Party Status By Achieving Its Litigation Objectives Through Its Successful Demurrer And Dismissal From The Case                 Homeowners alleging their upstairs neighbors had created a nuisance with improperly installed floors filed a lawsuit against their HOA and others in Haidet v. Del Mar Woods Homeowners Assn., Case No. D082923

Special Fee Shifting Statutes: Prevailing Plaintiff Awarded Only Partial Fees Under EAJA Wins Reversal And Remand For Award Of Fully Requested Fees In Case Challenging Social Security Administration’s Denial Of Disability Benefits

Cases: Special Fee Shifting Statutes

Prevailing Plaintiff’s EAJA Fees Could Not Be Reduced Because She Raised Alternative Theories To Support A Single Claim, Even Though The Court Did Not Reach The Alternative Theories In Rendering Judgment In Plaintiff’s Favor.             The Equal Access to Justice Act (“EAJA”) requires the award of “reasonable attorney fees” to “a prevailing party other than

Section 1717: Where Damages Award Was Based On A Sole Contract, Lack Of Fees Clause In The Contract Showed No Fee Entitlement

Cases: Section 1717

$40,230 Fee Award Was Stricken.                   Defendants/cross-complainants defeated plaintiffs’ complaint and obtained cross-complaint damages based on a 2018 construction contract with no attorney’s fees clause, even though the trial judge awarded them $40,230 in fees.  The appellate court in 9 Star Construction v. Dimapasok, Case No. E080273 (4th Dist., Div. 2 Oct.

Deadlines, Family Law, Judgment Enforcement: Attorney’s Fees Judgment Under Family Code Section 2030 Not Barred By Normal 10-Year Enforcement Period

Cases: Deadlines, Cases: Family Law, Cases: Judgment Enforcement

Family Code Section 291(b) So Specifies.                   In Marriage of Shayan, Case No. B323455 (2d Dist., Div. 8 Oct. 25, 2024) (published), the appellate court affirmed a lower court’s conclusion that an attorney’s fees judgment under Family Code section 2030 was not governed by the normal 10-year enforcement period for most monetary

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