Author name: Marc Alexander

Sanctions: February 2017 Report By California Research Bureau On CCP § 128.5 and 128.7 Sanctions Motions Show They Are Not Filed In Very Many Cases

Cases: Sanctions

Report Also Shows That Reporting Attorneys Did Not Provide The “End Conclusions” To The Sanctions Requests.             In February 2017, the California Research Bureau issued a mandatory report for 2015-2016 relating to the use of CCP § 128.5 motions (whether alone or combined with CCP § 128.7 motions) as required under section 128.5. Although attorneys […]

Special Fee Shifting Statutes: 2/5 DCA Concludes That Catchall Language In Good Faith Improver Fee-Shifting Statute Allowed Trial Judge To Award Fees Againste An Unsuccessful Party

Cases: Special Fee Shifting Statutes

Split In Opinion On The Fee Entitlement Conclusion, With Dissenting Justice Concluding The Fee Award Was Not Equitable And Resulted In A Windfall.             McCuien v. Davis, Case No. B276979 (2d Dist., Div. 5 Oct. 5, 2018) (unpublished) dealt with an appeal of a lower court’s award of $105,665 in fees under a good faith

Family Law: Denials Of Contempt Proceeding For Alleged Visitation Order Disobedience And Needs-Based Fees Request, Adverse To Ex-Husband, Were Proper

Cases: Family Law

Trial Judge Denied Fees Request Without Prejudice, So It Could Be Renewed.             In Jordan v. Binford, Case No. F075265 (5th Dist. Oct. 5, 2018) (unpublished), ex-husband lost a contempt proceeding in which he alleged that ex-wife willfully disobeyed a custody and visitation order. Ex-husband also sought to recover attorney’s fees from his ex-wife. The

Section 998: Fourth District, Division 3 Has A Very Precedential Decision On Pre/Post-Offer Costs Calculus Under 998 Offers

Cases: Section 998

Court Itself Calls For Legislature To Clarify How The Pre/Post-Offer Mechanism Operates—Likely, A Good Thing, If It Happens!             Our local Santa Ana Court of Appeal, in a very thoughtful opinion authored by Justice Ikola, has taken on a vexing issue—how pre-offer/post-offer fees/costs get allocated in CCP § 998 offers for purposes of future proceedings

Class Action: $8.7 Million Class Action Fee Recovery In Limited Credit Settlement Was Reversed And Remanded Because Coupons Were At Issue And Redemption Rate Needed To Be Factored In

Cases: Class Actions

CAFA Coupon Feature Needed To Be Analyzed.             In re EasySaver Rewards Litig., No. 16-56307 (9th Cir. Oct. 3, 2018) (published) involved a $12.5 million approved settlement by which “credits” would be provided by the defendant for a limited list of products, with $8.7 million allocated as fees to class counsel and $3.5 million available

Family Law: Family Law Commissioner Did Not Err In Denying Most Of Ex-Wife’s 2030/271 Fee Or Sanctions Request Based On DissoMaster Showing Equal Net Spendable Income And Both Sides’ “Grossly Over-Litigated” Stances

Cases: Family Law

No Abuse Of Discretion Shown.             In Marriage of Elgin and Yenyk, Case No. B285857 (2d Dist., Div. 1 Oct. 2, 2018) (unpublished), the family law commissioner—except for one missed appearance by ex-husband’s attorney—did not award anywhere close to the needs-based fees or Family Code section 271 sanctions to ex-wife as she requested. The commissioner

Miscellaneous Reviews: Books By Sunstein, Tribe And Matz About Impeachment

Miscellaneous, Reviews

Two Books Reviewed By Co-Contributor Marc In Latest Issue Of California Litigation.         In the latest issue of California Litigation, Vol. 31, No. 2 (2018), p. 44, co-contributor Marc has reviewed Cass R. Sunstein's Impeachment: A Citizen's Guide, and Laurence Tribe and Joshua Matz's To End A Presidency: The Power Of Impeachment. You can read the review, which is

Family Law: Family Code Section 2030(a) Requires Explicit Needs-Based Findings And A Mandatory Fee Recovery If The Findings Show Disparity In Financial Resources/Ability To Pay

Cases: Family Law

Here, Appellate Court Determined Record Showed Financial Gulf Such That Fee Recovery Was Mandatory, Remanding To Determine Amount Of Fees To Be Awarded To Ex-Wife.             In Marriage of Morton, Case Nos. F073689/F074243 (5th Dist. Sept. 26, 2018; reposted for corrected version on Oct. 1, 2018) (partially published; fee discussion published), the Fifth District concluded

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