Author name: Marc Alexander

Allocation, Costs: Defendant Independent Insurance Adjustor Properly Awarded $8,148.47 In Routine Costs

Cases: Allocation, Cases: Costs

Although Adjustor Was Represented Jointly With Two Nonprevailing Defendants, Costs Were Carefully Apportioned By Lower Court In Fashioning Costs Award.             In Owens v. Bynum, Case No. A152090 (1st Dist., Div. 3 Sept. 25, 2018) (unpublished), defendant independent insurance adjustor was awarded costs of $8,148.47 in routine costs against plaintiff after defendant won a demurrer […]

Family Law: Trial Judge Properly Denied Ex-Husband’s Request That Ex-Wife Pay $35,000 Of His Fees Under “Needs-Based” Family Code Section 2030

Cases: Family Law

Neither Side Enjoyed A Substantial Financial Advantage Over The Other, Plus Ex-Husband’s Emails Showing He Intended To Make The Case “A Battle Of Attrition,” Justified Denial Of The Fee Request.              Family Code section 2030 is a needs-based fee shifting provision which allows a family law judge to “level the playing field” by ordering one

Section 998: Williams v. The Pep Boys Section 998 Discussion Now Published

Cases: Section 998

Case Holds That Unallocated 998 Offer to Multiple Plaintiffs in Hybrid Wrongful Death, Strict Liability, And Negligence Action Was Invalid.             On August 24, 2018, we posted on Williams v. The Pep Boys Manny Moe & Jack of California, Case No. A146060 (1st Dist., Div. 4 Aug. 23, 2018), a hybrid wrongful death, strict liability, and negligence action

Section 998: Personal Injury Plaintiff Losing Defective Seatbelt Case Against Manufacturer And Distributor Properly Saddled With Almost $400,000 In Section 998 Costs, Mostly Expert Witness Expenses

Cases: Section 998

$20,000 Offer Plus Waiver Of Costs Was Found To Be In Good Faith.             Gonggryp v. BMW of No. America, LLC, Case No. B279895 (2d Dist., Div. 1 Sept. 14, 2018) (unpublished) is a stark reminder for attorneys representing clients in personal injury cases that they must seriously evaluate CCP § 998 pre-trial settlement offers,

Deeds of Trust: And Now The Second District, Div. 5, Holds That Deed Of Trust Authorizes Adding Attorney Fees To Loan Amount, Not A Separate Award To Pay Fees

Cases: Deeds of Trust

Opinion Reaches Same Conclusion As The Hart Case Did A Day Earlier.             In an opinion certified for partial publication, the Court of Appeal holds that section 9 of the standard deed of trust authorizes adding attorney fees to the loan amount, not a separate award to pay fees, reversing the trial court. Chacker v.

Insurance, Lodestar, Reasonableness of Fees, Special Fee-Shifting Statutes, Substantiation of Reasonableness of Fees: Third Circuit Upholds District Court’s Decision Denying Entire Almost $950K Fees And Costs Request To Successful Plaintiff

Cases: Insurance, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

Amount Requested Under Bad Faith Statute Was “Outrageously Excessive” Allowing District Court To Deny The Request Altogether As Thoroughly Explained In Its “Well-Reasoned One-Hundred-Page Opinion”             Ouch! Talk about learning a lesson the hard way! In a precedential opinion for a case decided by Justices Greenaway, Jr., Restrepo, and Bibas, and authored by Justice Greenaway, Jr.,

Fee Clause Interpretation: $178,255 Fee Award Against Guarantor Reversed As A Matter Of Law

Cases: Fee Clause Interpretation

Reason Was That Guarantor Guaranteed Orally, Not Assuming The Fee Clause Liability Under The Guaranteed Note With A Written Fees Clause.             In Khodagulyan v. Aminpour, Case No. B270330 (2d Dist., Div. 3 Sept. 6, 2018) (unpublished), a cross-complainant was found to be a prevailing party because he had incurred attorney’s fees to collect on

Minors: Court Of Appeal Reverses And Remands Minor’s Compromise Fee Award In Aviation Wrongful Death Case

Cases: Minors

Lower Court Overfixated On Two Factors In Awarding Just 10% Of The Children’s Funds As Fees Rather Than The 31% Requested By Children’s Counsel.             Schulz v. Jeppesen Sanderson, Inc., Case No. B277493 (2d Dist., Div. 1 Sept. 5, 2018) (unpublished) was a complicated aviation wrongful death action against aircraft manufacturers and on behalf of

Scroll to Top