Author name: Marc Alexander

Employment, Ethics: Fourth District, Division 3, Affirms Award Of No Attorney’s Fees In Employment Case

Cases: Employment, Cases: Ethics

And In The Published Part, An Attorney Is Reported To The State Bar For Misconduct.         We blog about the next case a) because it involves attorney’s fees in its unpublished portion; b) because it addresses attorney misconduct in its published portion; and c) because Mike and Marc represented Defendants in their successful response to […]

Family Law: It Was No Abuse Of Discretion For Trial Court To Find Marriage of 9 Years and 10 Months To Be A Long Term Marriage, Nor To Order Husband To Pay Wife Attorney’s Fees of $2,500.

Cases: Family Law

Husband Seeking To End Spousal Support Was Ordered To Continue Paying For Additional Five Years, Plus Needs-Based $2,500 Toward Wife’s Attorney’s Fee Due To Change In Circumstances After Entry Of Stipulated Judgment – Not Due To Court’s Determination That Their Marriage of Less Than 10 Years Was Long Term.            In Marriage of Weiskittel, Case

Civil Rights, Section 998: FEHA Amended To Provide That CCP § 998 Fee/Costs Shifting In Favor Of Prevailing Defendant Will Not Happen Unless Plaintiff’s Action Was Frivolous

Cases: Civil Rights, Cases: Section 998

Legislative Enactment Resolved Split Among DCAs, As Recognized In Huerta, Effective January 1, 2019.             Although alluding to it in some posts on a year-end 2018 case, we post to indicate that California Senate Bill 1300 amended the FEHA scheme to provide that CCP § 998 offers may not be used to shift recovery of

Sanctions: $5,000 CCP § 128.7 Sanctions Jointly And Severally Assessed Against Defendant And Its Attorney Reversed On Appeal (Which Was Treated As A Writ)

Cases: Sanctions

Appeal Treated As Mandate Petition, With Plaintiff Not Showing He, As In Pro Per Attorney, Incurred Any Independent Attorney’s Fees.             In Electronic Universe, Inc. v. Superior Court (Reece), Case No. B285898 (2d Dist., Div. 3 Feb. 20, 2019) (unpublished), corporate defendant (which was suspended for failure to pay franchise fees) and its attorney were

Prevailing Party: Neighbor Whose Lawsuit Was Dismissed Because Coastal Commission Granted De Novo Appeal Of Permit Dispute Did Not Prevail For Fee Recovery Purposes

Cases: Prevailing Party

Appellate Court Agrees With Trial Court’s Conclusion.             Fudge v. City of Laguna Beach, Case No. G055711 (4th Dist., Div. 3 Feb. 13, 2019) (published) involves, as frequently happens, a dispute by coastal neighbors over a municipal grant of a coastal development permit (CDP). Real party in interest neighbor #1 obtained from Laguna Beach a

Private Attorney General, Reasonableness Of Fees: Trial Judge’s Reduction Of Requested Appellate Fees From $630,000 To $140,000 Was No Abuse Of Discretion, Except For 40% Reduction Based On Calculating In Attorney’s Interest In Financial Recovery

Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

Hourly Rates Were Too High For Sacramento Venue, Laffey Matrix Could Be Used, And Hours Property Reduced For Inflated Request.            In Limon v. Dept. of Finance, Case No. C082501 (3d Dist. Feb. 11, 2019) (unpublished), as it often times does, the likely final fight involved the award of appellate fees to prevailing plaintiffs in

Class Action, In The News: Class Attorneys In Chinese Drywall MDL Settlement Reap $111.4 Million

Cases: Class Actions, In The News

This Amount Awarded Even Though District Judge Chided Them For Vitriolic Fee Requests.             We can report that a Louisiana federal district judge has given approval to a $111.4 million fees/expenses award to class counsel in the Chinese Drywall MDL litigation settlement, even though chiding class attorneys for “vitriolic” fee requests. If you want to

Arbitration, Section 998: 2/2 DCA Affirms Denial Of All But $60 Post-Confirmation Award Filing Cost To Prevailing Arbitration Claimant

Cases: Arbitration, Cases: Section 998

Rejected CCP § 998 Offer Did Not Change The Result, Because Claimant Did Not Ask Arbitrator To Cost Shift And Failed To Show Contractual Expenses Were Post-Offer In Nature.             In Lipton & Margolin, APC v. Ko, Case No. B288038 (2d Dist., Div. 2 February 7, 2019) (unpublished), former law firm sued client for $39,455.45

Landlord/Tenant, Section 998, POOF!: Landlord And Tenant, In Lengthy Litigation Over Personal Property In A Westlake Village Luxury Home, Lose Both Their Attorney’s Fees Awards On Appeal

Cases: Landlord/Tenant, Cases: POOF!, Cases: Section 998

After Ten Years Of Litigation, Tenant Only Received A $56,000 Net Recovery—Not Exactly A Win When All Of The Attorney Efforts Are Considered!             Christie v. Ridge, Case No. B259189 (2d Dist., Div. 6 February 6, 2019) (unpublished), although unpublished, is a nice reminder of how costly litigation is and how both litigants winning attorney’s

Prevailing Party, Substantiation Of Reasonableness Of Fees: Sibling Prevailing In Probate Dispute to Enforce Settlement Agreement Was Entitled To Fee Recovery Against Other Sibling

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

However, Prevailing Sibling’s Use Of Overly Redacted Billings Justified Reduction From Fee Request.             In Levine v. Levine, Case No. B284749 (2d Dist., Div. 1 February 6, 2019) (unpublished), siblings in a probate dispute entered into a global settlement agreement. One sibling moved to enforce the settlement agreement, but the motion was denied. The settlement

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