Author name: Marc Alexander

Reasonableness Of Fees: $1,050,000 Fee Award Affirmed In Penal Code Section 496(c) Case Where $1.5 Million Awarded Against Certain Defendants And $900,000 Against One Defendant

Cases: Reasonableness of Fees

Hourly Rates Are Left To Trial Judge’s Experience, With Reliance On Surveys And Matrices Left In His/Her Discretion.                In CJ Freshway America Corp. v. Lim, Case Nos. B321415/B322905 (2d Dist., Div. 8 Oct. 14, 2024) (unpublished), certain defendants were found jointly and severally liable for over $1.5 million and another defendant was found liable […]

SLAPP: Even Where Prevailing Defendant Had No Personal Obligations To Pay Fees To Counsel, $14,850 SLAPP Fee Award Was Still Allowable Under California Law

Cases: SLAPP

Also, Trial Judge Did Reduce The $23,650 Fee Ask Down To $14,850.                Plaintiff lost a defamation action based on defendant’s successful anti-SLAPP motion, with the lower court awarding mandatory fees of $14,850 (which was lower than the $23,650 “ask” of the defendant).  The award was affirmed on appeal in Tye v. Papp, Case No.

Landlord/Tenant, Mediation, Reasonableness Of Fees, Section 1717: Most Of $363,696.70 Contractual Fee Award Affirmed In Landlord/Tenant Dispute

Cases: Landlord/Tenant, Cases: Mediation, Cases: Reasonableness of Fees, Cases: Section 1717

However, N.Y. Attorneys’ Time After California Counsel Retained Must Be Stricken Because He Was Not Licensed In California.                In Thaunhaeuser v. TKH Zum, LLC, Case No. B321283 (2d Dist., Div. 8 Oct. 11, 2024) (unpublished), the lower court entered a $114,000 compensatory judgment against landlord and in favor of tenant under a property condition/security

Section 998: Simultaneous Alternative Offers Are Generally Invalid And Offer To Pay Undisputed Amount With Offer To Resolve Disputes Through A Resolution Process Are Also Invalid

Cases: Section 998

However, In A Split Opinion, Justices Do Not Agree On Whether A Valid Offer Under The Simultaneous Process Can Still Allow For Fee- And Costs-Shifting.                Here is a case which might be a candidate for California Supreme Court review, prompting a split decision on some interesting CCP § 998 issues.                In Gorobets v.

Eminent Domain: County Was Properly Not Assessed Litigation Expenses Where Its Final Offer Was $8.62 Million Above Its Appraisal Opinion, Even Though Jury Verdict Was Higher

Cases: Eminent Domain

Both Sides Were Off About $21 Million In Their Eminent Domain Final Proposals, So Nothing Showed Bad Faith By County In Its Final Offer.                County of Los Angeles v. 8400 S. Vermont Avenue, L.P., Case No. B326965 (2d Dist., Div. 2 Oct. 9, 2024) (unpublished) was a situation where County of Los Angeles and

Requests For Admission: Where Proposed Responses Were Provided, Lower Court Abused Its Discretion By Deeming RFAs Admitted Based On Prefatory Waived Objections

Cases: Requests for Admission

Too Draconian Of A Result, So Monetary Sanctions Had To Be Revisited.                In Katayama v. Continental Investment Group, Case No. G063872 (4th Dist., Div. 3 Oct. 9, 2024) (published), a lower court admitted certain RFAs because the responding party made objections which had been waived even though that party did provide proposed responses.  Monetary

Celebrities, Reasonableness Of Fees, Section 998: The Offspring’s Former Drummer Lost A Contractual Interpretation Dispute, With $856,818 In Contractual Fees Affirmed On Appeal

Cases: Celebrities, Cases: Reasonableness of Fees, Cases: Section 998

Defense Section 998 Offers Found Not To Be Uncertain.                Ron Welty, former drummer of the band The Offspring, sued the band and other affiliated defendants on a contractual interpretation over royalties, with there being a contractual fees clause at issue.  He asked for $2.9 million in damages, but he recovered nothing.  The defendants then

Employment: Reversal Of Information Practices Act Claim Meant That Fee/Costs Denial Had To Be Reversed—Published Decision On IPA Fee-Shifting Statute

Cases: Employment

However, On Remand, Court Had To Decide Who Prevailed On A Practical Level Anyway.                Wentworth v. Regents of the University of California, Case Nos. A168296/A168861 (1st Dist., Div. 4 Sept. 30, 2024) (published) shows how reversal of a claim bearing fee exposure will result in a reversal of a fee denial, as a general

Requests For Admission: Litigant’s Appeal Fees In Sustaining Costs-Of-Proof Sanctions Were Properly Denied

Cases: Requests for Admission

CCP § 2033.420’s Language Does Not Allow For Recovery Because The Appellate Fees Were Not Linked To Obviating The Need For Proof.                In Duncombe v. Barfresh Food Group, Inc., Case No. B334220 (2d Dist., Div. 2 Oct. 1, 2024) (unpublished), a litigant incurred appellate fees of $29,722,77 when defending a costs-of-proof sanctions order under

Appealability, Family Law: Where Family Law Judge Expressly Reserved Findings On Fee Reasonableness For A Later Date, Pendente Lite Fee Order Appeal Dismissed

Cases: Appealability, Cases: Family Law

Appellant Can Be Free To Appeal When A Final Order Is Issued.                In Marriage of O’Hill, Case No. G062146 (4th Dist., Div. 3 Oct. 1, 2024) (unpublished), a family law judge expressly stated in his order that pendente lite fee orders were subject to reasonableness findings and further revisions at a later date.  The

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