Author name: Marc Alexander

Celebrities, Prevailing Party: Plaintiff Model/Actor Winning $1.123 Million In Unauthorized Likeness Case Was Improperly Denied Prevailing Party Fees Under Civil Code Section 3344

Cases: Celebrities, Cases: Prevailing Party

Despite Plaintiff Not Winning Multi-Millions More Being Claimed, Appellate Court Believed He Should Get Prevailing Party Fees.             Co-contributor Mike was a little surprised by this one, given how prevailing party determinations in mixed cases are usually governed by a deferential abuse of discretion standard. However, that often depends on the facts of the case, […]

SLAPP: SLAPP Fee Award To Defendants—One Half Of Their Request—Was Proper

Cases: SLAPP

Various Challenges Did Not Prevail.             Defendants prevailed on their anti-SLAPP motion, which requires mandatory fees in the trial judge’s discretion. They asked for $44,656.73, but were awarded $22,000, but plaintiff still appealed in Lavi v. Cohen, Case Nos. B281352/B284653 (2d Dist., Div. 3 Oct. 31, 2018) (unpublished). They were not successful on appeal.            

Private Attorney General: Defendants’ Vindication Of B&P § 16600 Principles, In Non-Recruiting Dispute, Was Worthy Of $169,000 Fee Award

Cases: Private Attorney General (CCP 1021.5)

Basis Under California’s Private Attorney General Statute—CCP § 1021.5.             In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., Case No. D071924 (4th Dist., Div. 1 Nov. 1, 2018) (published), individual defendants—former AMN “travel nurses” providing services to medical services throughout the U.S.—had to contest non-recruiting clauses in their AMN contracts when they switched over

Consumer Statutes, Deeds Of Trust: Trial Court’s Award Of Almost $13,000 To Borrower Obtaining Preliminary Injunction Under California Homeowner Bill Of Rights (HBOR) Affirmed On Appeal

Cases: Consumer Statutes, Cases: Deeds of Trust

Fee Award Based On Interim Success Sustained.             We have posted earlier on the sequence of events in Sese v. Wells Fargo Bank, N.A., Case No. C083724 (3d Dist. Oct. 31, 2018) (unpublished). Earlier, the borrower had obtained an appellate decision determining that HBOR authorized an award of legal fees to borrowers who obtained a

Family Law: $10,000 Sanctions Award Reversed Because Not Tethered Into Any Specific Fees Or Costs

Cases: Family Law

Gotta Have Causation, Family Law Practitioners!             Okay, we have posted before on sanctions awarded against litigants in a family law dissolution or related matter under Family Code section 271, which is aimed at dissuading conduct which is frivolous or not targeted at resolving the matter. The facts in Marriage of Karuppiah and Thurairajah, Case

Section 998: Plaintiff’s Rejection Of $30,000 Section 998 Offer Meant That Defendant Obtained Net $9,179.83 Award Despite Plaintiff Winning $10,000 From A Jury

Cases: Section 998

Case Illustrates The Potent Impact Of A Successful CCP § 998 Offer.             Malabed-Verona v. Hollaway, Case No. B278154 (2d Dist., Div. 4 Oct. 30, 2018) (unpublished) is a situation where a car accident plaintiff won $10,000 after a jury trial, but also after rejecting a close-to-trial defense offer of $30,000. The trial judge awarded

Arbitration: Arbitrator’s Decision On Awarding Fees To One Party On One Dispute And Denying To Same Party Another Dispute No Abuse Of Discretion

Cases: Arbitration

Moncharch Discretion To Arbitration Decisions Ultimately Prevailed.             No huge recitation of the facts or conclusion is required in Axten v. Axten, Case No. D073089 (4th Dist., Div. 1 Oct. 30, 2018) (unpublished). What basically happened was that one party obtained an arbitration award of $94,972 in attorney’s fees under a settlement agreement fees clause

Consumer Statutes, Landlord-Tenant, Section 1717: Tenant Prevailing On Common Law Residential Inhabitability Claim Limited To Contractually-Capped Fees Of $1,600

Cases: Consumer Statutes, Cases: Landlord/Tenant, Cases: Section 1717

Although More Fees Potentially Allowable Under Statutory Inhabitability Claim, Jury Did Not Base Its Verdict On The Statute Such That Contractually Capped Amount Was The Proper Award.             This next case involves an intersection between the parties’ contractually capped fee recovery under lease agreements and potentially more expansive damages under a statute allowing recovery for

Scroll to Top