Author name: Marc Alexander

Section 998: Defendant With Strong Defense Entitled To $30,410.91 In Expert Witness Fees When Plaintiff Rejected 998 Offer And Defendant Prevailed

Cases: Section 998

Weakness Of Case And Strength Of Defenses Must Be Considered Before Rejecting Offers.             In Del Norte Senior Center, Inc. v. Stelling, Case No. A145016 (1st Dist., Div. 4 Jan. 25, 2019) (unpublished), defendant was awarded $30,410.91 in expert witness fees after she defensed plaintiff in a contentious accounting dispute. She had earlier offered to […]

Fee Clause Interpretation, Mediation: $331,385 Contractual Fee Award Affirmed Because Absence Of Parol Evidence Did Not Show Fees Clause In One Contract Had A Mediation Condition Precedent

Cases: Fee Clause Interpretation, Cases: Mediation

Absence Of Parol Evidence/Reporter’s Transcript Sealed The Result.             If you are going to argue that a fees clause in one contract also governs another contract between different parties, you better introduce parol evidence to prove it. The loser in a fee battle did not do that in Morales v. Thee Aguila, Inc., Case No.

Sanctions: $17,820 In CCP § 128.7 Sanctions Affirmed, Because No Subjective Bad Faith Finding Necessary, Unlike What Is Required Under § 128.5

Cases: Sanctions

However, No Additional Appellate Sanctions Imposed.             In Horner v. Judges’ Retirement System, Case No. C084619 (3d Dist. Jan. 25, 2019) (unpublished), the Third District affirmed a $17,820 sanctions award imposed under CCP § 128.7, observing in the process that no showing of bad faith (only legal frivolousness) is necessary under this sanctions statute versus

In The News: Retired Judge Kozinski Has Intriguing Attorney’s Fees Proposal For Government Attorneys Who Prosecute Pointless Lawsuits

In The News, Off Topics

Lack Of Exposure To Consequences Presents A Moral Hazard.     The Hon. Alex Kozinski, retired from the Ninth Circuit, and now an expert on moral hazard, has written an intriguing article in today's Friday, January 25, 2019 Wall Street Journal. The article is entitled, "How a Pointless Lawsuit Took Off."     The lawsuit

Fee Clause Interpretation, Section 1717: Defendant Prevailing In Easement Dispute Was Entitled To Contractual Fee Award

Cases: Fee Clause Interpretation, Cases: Section 1717

Easement Agreement Fees Clause Was Broad Enough To Allow For Fee Entitlement.             In Stark v. Ortiz, Case No. A153680 (1st Dist., Div. 5 Jan. 24, 2019) (unpublished), defendant won contractual fees in a neighboring landowner easement dispute against a plaintiff. The parties had an Easement Agreement with a fees clause encompassing “any legal action

Employment: 4/3 DCA Decides That Nanny Winning Berman De Novo Hearing Not Entitled To Fee Recovery Because She Opted For Administrative Remedy And Was Not A Prevailing Respondent (But A Prevailing Appellant Not Entitled To Fees)

Cases: Employment

Court Of Appeal Found Sampson Decision Sounder Than Eicher In Determining If Labor Commissioner Appeal Was A Civil Action Worthy Of Fees Under Labor Code § 1194.             Boktor v. Applebaum, Case No. G055509 (4th Dist., Div. 3 Jan. 23, 2019; posted Jan. 24, 2019) (unpublished) waded into the thorny issue of whether a successful

Deadlines: Appellate Attorney’s Fees Properly Are Claimed Through Noticed Motion, With No Requirement That A Costs Memorandum Be Filed.

Cases: Deadlines

CRC 8.278(d)(2) Governed.             A party saddled with attorney’s fees for losing an appeal, in ASAP Copy and Print v. Canon Solutions America, Inc., Case Nos. B284364 et al. (2d Dist., Div. 2 Jan. 23, 2019) (unpublished), argued on appeal that the opponent failed to file a costs memorandum to claim fees rather than just

Section 998: No Attorney’s Fees Recoverable By CCP § 998 Prevailing Party In California Disabled Persons Act/Unruh Act Case Because No Liability Finding That Plaintiff’s Rights Under These Statutes Were Violated In Case Seeking Monetary Damages

Cases: Section 998

If You Want Fees As A Plaintiff, Make Sure You Have A Liability Determination.                      Linton v. County of Contra Costa, Case No. A153188 (1st Dist., Div. 1 Jan. 23, 2019) (partially published; section 998 discussion published) is a stark reminder for plaintiff disability attorneys: if you want fee recovery under an accepted CCP §

Class Action: Non-Class Counsel Has Standing To Appeal Denial Of Fees, But Record Reflected That They Did Not Provide A Substantial Benefit To The Class Versus Individual Client Class Members

Cases: Class Actions

244 Non-Class Counsel Fee Motions Resolved On Appeal In The Volkswagen Class Action.             In In re Volkswagen “Clean Diesel“ Litig., Case Nos. 17-16020 et al. (9th Cir. Jan. 22, 2019) (published), the Ninth Circuit was facing 244 fee motions by non-class counsel seeking fees in the settlement of the VW “clean diesel” action where

Probate: Where Judgment Was Satisfied, Trial Court Erred In Awarding Post-Satisfaction Fees Against Satisfying Objector

Cases: Probate

4/3 DCA Also Determines Probate Court Section 859 Allows Doubling, But Not Trebling, Of Damages.             Objector in Conservatorship of Ribal, Case No. G056105 (4th Dist., Div. 3 Jan. 18, 2019) (published) was ordered to return funds to the conservatorship and, on remand, the trial court awarded conservator post-judgment attorney’s fees incurred in attempts to

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