Author name: Marc Alexander

Employment, Lodestar, Multiplier: Employer Not Winning Total Defense Victory In De Novo Sup. Ct. Appeal Of Labor Comm. Award Properly Hit With Adverse Fee Award Of $86,160 Even Though Labor Comm. Award Only $4,250 (Rev. Down To $2,250 By Court Of Appeal)

Cases: Employment, Cases: Lodestar, Cases: Multipliers

Limited Success Argument Does Not Diminish Fee Recovery In This Particular Context.             In Nishiki v. Danko Meredith P.C., Case No. A147733 (1st Dist., Div. 4 Aug. 1, 2018) (published), an employer suffered an adverse Berman hearing award before the Labor Commissioner for waiting time penalties for failure to deliver a check for final wages […]

Fee Clause Interpretation: Tenant/Assignee Under Lease Properly Awarded Partial Litigation Fees For Winning Contractual And Related Fraud Cross-Claims, But Properly Denied Fees Expended In Prevailing On Common Law Ejectment Cross-Claim

Cases: Fee Clause Interpretation

Lease Agreement At Issue Because Lease Term Had Expired; And, In Any Event, Ejectment Was Tort Claim Not Encompassed Within Narrower Fees Clause.             Compton Commercial Development Renaissance Plaza v. Taco Bell Corp., Case No. B283393 (2d Dist., Div. 4 Aug. 1, 2018) (unpublished) was a case where landlord sued former tenant/assignee Taco Bell for

Deadlines, Section 998, Section 1717: Not Attaching 998 Offer To Costs Memorandum Is Not Fatal, But Fifth District Panel Finds Trial Judge Lacked Jurisdiction To Enter Post-Trial Section 1717 Fee Motion After Appeal Of Merits Judgment

Cases: Deadlines, Cases: Section 1717, Cases: Section 998

We Think Panel Erred On The Trial Judge Lacking Jurisdiction To Entertain Fee Motion.             In Swinerton Builders v. Fresno Plumbing & Heating, Inc., Case No. F069825 (5th Dist. July 31, 2018) (unpublished), a general contractor won an indemnity dispute against a plumbing contractor under a subcontract with an indemnification/fees clause. The jury entered a

Family Law: $2.5K Needs-Based Fee Award Of Req. $42K Was Abuse Of Discretion As Ex-Wife Did Attach Sufficient Fin. Info., Notice Not Given That Blanks In Jud. Council Forms Would Result In Denial, And Judge Excluded Her Ltd. Appearance Counsel’s Fees

Cases: Family Law

Appellate Court Found These Combined Errors To Require A “Relook” At the RFO.             Family law is certainly a specialty, where a lot gets done through a Request for Order (RFO) for support, provisional attorney’s fees, visitation, and other matters in a dissolution action. A lot of activity is governed by Judicial Council forms, with

Class Action, Private Attorney General: $100,000 CCP § 1021.5 Fee Award To Two Plaintiffs’ Counsel In Foreign Driver’s Case With Limited Success Affirmed On Appeal

Cases: Class Actions, Cases: Private Attorney General (CCP 1021.5)

Plaintiffs Sought $1.7 Million (Inclusive Of Multiplier), But Went Home With Much Less.             Sancandi v. City of Los Angeles, Case No. B268839 (2d Dist., Div. 7 July 31, 2018) (unpublished) is a case which illustrates the principles that limited success in a non-certified class action, combined with an inflated request by the marginally-winning two

Allocation, Consumer Statutes, Costs: Consumer Plaintiff’s Win Against Car Assignee Did Require Remand Of Attorney’s Fees Decision To Allocate To The One Prevailing Claim Against Appealing Defendant And Required Rev. Of Expert Witness Fees As Costs

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs

Appealing Defendant Picked Its Spots On Appeal, Awarded As Being Selective!             This next case is an illustration where a non-prevailing defendant on peripheral claims appealed selectively on an adverse attorney’s fees and costs award, handsomely awarded by being discreet in what it appealed.             In Ajis v. Foreman Financial, Inc., Case No. B280208 (2d

Class Action, Common Fund: Seventh Circuit Determines That “Up To” Dollar Amount Does Not Create Common Fund Such That District Court Can Base Fee Recovery On Claims Actually Made

Cases: Class Actions, Cases: Common Fund

Case May Suggest Drafting Tips For Class Counsel But Might Signal A More Ominous Trend, Although Facts Limited To Quick Settlement Achieved After A “Paucity Of Effort.”             Although a federal case, class action practitioners involving smaller settlements resultant from little work may need to pay attention to the reasoning of Camp Drug Store, Inc.

Paralegals: Can California State Court Judges Compensate For Time By Non-Licensed Summer Clerks? No Clear Decision Exists, But We Say Yes … With An Important Caveat

Cases: Paralegal Time

Fee Claimants Would Need To Show That The Summer Clerk Work Resulted In Efficiencies Contributing To The Value Of The Case For Fee Purposes.             We had an interesting question posed by Reynaldo Fuentes as to whether summer clerk work could be compensated on a fee motion by California state courts, presumably a non-licensed law

Appealability, Interpleader: Losing Defendants’ Appeal Of Adverse Discharge Order After Fee Recovery Was Timely For Purposes Of Preserving Discharge Review From The Later Fee Order

Cases: Appealability, Cases: Interpleader

However, Defendants Still Lost.             The facts are not really relevant for purposes of our post in Ponticelli v. Ason, Case No. B277763 (2d Dist., Div. 1 July 30, 2018) (unpublished) because the prime issue was whether defendants in an interpleader action timely filed an appeal on the merits of the discharge by appealing the

Private Attorney General: UCSD Undergraduate Student’s Successful Challenge To One Aspect Of UCSD Hearing Process Justified $99,090 Fee Award

Cases: Private Attorney General (CCP 1021.5)

Court Did Reject Request For Much More In Fees, As Well As Request For A Multiplier.             University of California at San Diego (UCSD) had a policy and procedure, when an undergraduate student challenges a decision of violating the university’s academic integrity policy by an internal board and appeal to the Council of Provosts, to

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