Author name: Marc Alexander

Fee Clause Interpretation: Telephone Leasing Defendant Not Entitled To Fees Against Plaintiff Successor Owners In Declaratory Relief Action Where Fee Clause Only Applied In Lease Between Defendant And Phone Provider

Cases: Fee Clause Interpretation

However, Defense Attorney’s Recordation Of Judgment Abstract Based On Including Fees As Costs Before Fee Motion Was Heard Troubled The Court Of Appeal, Which Ordered The Lien Removed.             In Labertew v. Whiteley, Case No. C077751 (3d Dist. July 10, 2018) (unpublished), plaintiffs, successors to the original owner on land where there was telephone equipment […]

Class Action: Ninth Circuit Affirms VW “Clean Diesel” Settlement Approval, Addressing Whether Reversion Provision Showed Possible Collusion Between Defense/Class Counsel And Whether Timing Of The Fee Motion Was Fair To Class Members/Objectors

Cases: Class Actions

VW’s Exemplary Performance Of Settlement Terms And District Court’s Allowing Six Weeks For Fee Motion Challenges Were Big Factors Leading To Affirmance.             Volkswagen reached a settlement in a class action where it admitted installing “defeat devices” in certain 2.0-liter diesel cars. Under the terms of the settlement (brokered by settlement master Robert Mueller, now

Record: In Forma Pauperis Litigant Entitled To Court Reporter For Hearings And Trial Notwithstanding Local Superior Court Rule To The Contrary

Cases: Record

California Supreme Court Does Reiterate That Lack of Reporter’s Transcript Might Doom Fees Ruling Appeal.                 Although a little far afield of what we normally devote our posts to, Jameson v. Desta, Case No. S230899 (Cal. Supreme Court July 5, 2018) (published) is on point in stressing that a reporter’s transcript should normally be processed

Liens For Attorney Fees: Prior Counsel’s Senior Contractual Attorney Lien From Settlement Agreement Had Priority Over Subsequent Counsel’s Later Contractual Lien Set Forth In Retainer Agreement

Cases: Liens for Attorney Fees

Arbitration Found Settlement Agreement With Attorney Lien Was Valid, So Priority Was Clear Cut.             Arkius, Inc. v. Yeh, Case No. B271221 (2d Dist., Div. 1 July 3, 2018) (unpublished) was not a hard call for either the trial or appellate courts. In this case, a prior counsel reached a settlement with the client by

Appeal Sanctions: Third District Sanctions Appellant’s Attorney $10,000 Out Of Requested $22,550 In Fees And $6,000 To Appellate Clerk For Frivolous Appeal

Cases: Appeal Sanctions

Attorney Has Professional Obligation Not To Pursue A Frivolous Appeal.             The Third District, in Marriage of Daniliuc, Case No. C084293 (3d Dist. July 3, 2018) (unpublished), decided husband’s appeal of a fees award to his ex-wife was frivolous in nature. It decided that appellant’s husband should pay wife $10,000 out of a requested $22,550

Deeds Of Trust/Fee Clause Interpretation: Broadly Worded Trust Deed Fees Clause Allowed For Fee Recovery By Lienholder Under Second Loan Based On Both Contract And Tort Theories

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

“To Protect Lien” Under Deed Of Trust Fees Clause Was Viewed As Broad In Ambit.             In Arefi v. JP Morgan Chase Bank, Case No. B263947 (2d Dist., Div. 7 July 2, 2018) (unpublished), a borrower brought various causes of action to set aside/cancel a trustee’s sale, to quiet title, and to obtain recovery under

SLAPP: Defendants Properly Awarded Discounted Fees Against SLAPP-ed Plaintiff And Properly Denied Fee Request Against Plaintiff’s Attorney

Cases: SLAPP

$14,000 Fee Award Against Plaintiff Affirmed, But Denial Of Fee Award Against Plaintiff’s Attorney Affirmed Also.              In Boodaie v. Vosoghi, Case No. B280032 (2d Dist., Div. 8 July 2, 2018) (unpublished), plaintiff did not oppose a defense SLAPP motion. Plaintiff appealed a subsequent fee award of $14,000 (out of a requested $20,475) on the

Family Law: Section 271 Sanctions For Attempted Sale Of Property, Even Though No Attorney’s Fees Incurred, Had To Be Reversed

Cases: Family Law

Sixth District Follows First District’s Lead As Far As Section 271 Sanctions Limitations.             In Marriage of Henley & Jackson, Case No. H043753 (6th Dist. June 29, 2018) (unpublished), a family law judge imposed Family Code section 271 sanctions of $25,000 against husband for his efforts to sell a community asset without notice to wife,

In The News . . . . Special Master’s Report In State Street Federal Class Action Unsealed, Recommending That $10.6 Million In Awarded Fees Of $75 Million Be Returned By Three Class Action Law Firms Representing Plaintiffs

In The News

Objections To Report Recently Filed, Although Special Master Disturbed About What He Found.             A plaintiff class action in Arkansas Teachers Retirement System v. State Street Bank, No. 11-cv-10230 MLW et al. (D. Mass.) accused State Street of overcharging customers in certain foreign exchange transactions. A $300 million settlement was reached, and U.S. District Judge

Reasonableness Of Fees: Losing Buyer In Failed Real Estate Transaction Properly Suffered Adverse Fee Awards Totaling Over $166,000 In Favor Of Seller And Broker

Cases: Reasonableness of Fees

Buyer Resisted Discovery And Drove Up Cost Through Incomprehensible Summary Judgment Opposition Paperwork.             Just to show you how a failed real estate dispute loss, where there is a contractual prevailing party fees clause, can be a game shifter due to the fee-shifting feature, just review the result in Maljanin v. Big Black Dog, LLC,

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