Author name: Marc Alexander

Arbitration, Employment: Arbitrator’s Possible Fee Award To Employer For Wage Hour Bad Faith Prosecution Reversed For Arbitrator To Determine If Recovery Allowable

Cases: Arbitration, Cases: Employment

Most Of Arbitration And Fees Were Sustained Except For A Remand To Arbitrator On Unwaivable Nonallowance Of Wage/Hour Fees To Employer Unless Employee’s Claims Brought In Bad Faith.             In Dorne v. Vascular and Interventional Specialists, Case No. G054213 (4th Dist., Dist. 3 Aug. 27, 2018, received for posting Aug. 28, 2018, unpublished), a medical […]

Deed Of Trust: Fee Clause In Deed Of Trust Was Broad Enough To Allow Prevailing Trustee Fees In Set Aside Suit Both At The Trial And Appellate Levels

Cases: Deeds of Trust

Appellate Fees Were Also Recoverable From Prevailing In Earlier Appeal.             Borrowers need to be careful when including deed of trust trustees in set-aside trustee sale foreclosure suits, even when they do not file a non-monetary declaration to avoid being entangled in such a lawsuit. In the next case, trustee obtained a summary judgment, including

Intellectual Property: Fees/Costs Award To Prevailing Defendant Affirmed By Ninth Circuit In BitTorrent Network Direct and Contributory Copyright Suit Dismissed By Plaintiff After It Became Clear No Case Could Be Alleged

Cases: Intellectual Property

Case Was Exceptional Because Plaintiff Had No Proof Defendant Was The Infringer.             In Cobbler Nevada, LLC v. Gonzales, No. 17-35041 (9th Cir. Aug. 28, 2018) (published), plaintiff sued a defendant registered IP address for direct and contributory copyright infringement based on allegations the address was an infringer for unauthorized downloading and distribution of the

Trade Secrets: Los Angeles County Superior Court Judge Sotelo Awards Prevailing Individual Defendant $168,924.96 In Attorney’s Fees And $29,560.28 In Costs In Trade Secret Misappropriation Case

Cases: Trade Secrets

Fee Claimant Did Something Good—Apportioned Fees Upfront From A Common Defense So That The Fee Request Was Not Inflated And Was Reasonable In Nature.             We congratulate attorneys Eric Bjorgum and Vincent Pollmeier, who apparently follow our blog, for a nice attorney’s fees/costs proceeding win in a trade secrets misappropriation case which was presided over

Equity: Court Of Appeal Reverses $42,542.50 Attorney’s Fees Award To One Neighbor In Non-HOA Tree Trimming Dispute Based On Unclean Hands

Cases: Equity

Appellate Court Found Unclean Hands Even Though That Ground Was Not Entertained By Lower Court.             Trees, trees, trees! Boy, do they generate disputes between neighbors when views are impacted. The next case is extraordinary because the reviewing court reversed an attorney’s fees award, on its own, based on the equities—too many fees spent on

Consumer Statutes, Prevailing Party: Where Car Manufacturer Unconditionally Agreed To Repurchase Option And Car Purchaser Gambled On Getting Civil Penalties/Other Relief Under Lemon Law Statute, Car Purchaser Did Not Prevail So As To Be Entitled To No Fe

Cases: Consumer Statutes, Cases: Prevailing Party

Car Purchasers “Gambling” On Other Remedies Other Than Repurchase Might Have Repercussions – No Fee Recovery!             This case counsels that car purchasers and their attorneys in lemon law cases (equally applicable to situations involving consumer items other than cars as well) need to carefully think about rejecting a repurchase capitulation by a car manufacturer

Section 998: Unallocated Offer To Multiple Plaintiffs In Asbestos Survival Claims Based On Strict Products Liability And Negligence Was Invalid In Nature

Cases: Section 998

998 Offer Would Have Been Fine In Wrongful Death Action Alone, But Separate Offers Had To Be Served In This Particular Survival Claim Action.             Although the CCP § 998 discussion is unpublished, Williams v. The Pep Boys Manny Moe & Jack of California, Case No. A146060 (1st Dist., Div. 4 Aug. 23, 2018) (partially

Partition, Prevailing Party, Section 1717: $99,761.46 Litigant Prevailing In Undeveloped Land Partition By Sale Dispute Was Entitled To Recovery

Cases: Partition, Cases: Prevailing Party, Cases: Section 1717

Litigant Awarded Fees Did Prevail Under CCP §§ 874.010/874.040 And Civil Code Section 1717.             In Shadab v. Goldberg, Case No. B277925 (2d Dist., Div. 6 Aug. 22, 2018) (unpublished), one side won a partition by sale of undeveloped land, with the trial court eventually awarding attorney’s fees of $99,761.46 after finding the fee claimant

Deed Of Trust, Fee Clause Interpretation: Deed Of Trust Fees Clause Did Not Justify Recovery To Successful Litigant Really Suing For Real Estate Option To Purchase Agreement Lacking A Fees Clause

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

Deed Of Trust Fees Clause Was Not Broad Enough To Encompass Real Estate Option Dispute.             We have somewhat, on a syllogistic basis, indicated how one can achieve success on a fee petition in past posts—and we may give more clues to follow in future posts. However, the first element is FEE ENTITLEMENT. You need

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