Author name: Marc Alexander

Costs: Winning CEQA District Properly Awarded $21,160.46 As Costs For Preparation Of Certified Administrative Record Where District Took Over Efforts Due To Petitioner’s Delay

Cases: Costs

Award Was Reduced From $38,836.54 Request.             After a CEQA petitioner lost a writ proceeding, respondent District sought to recoup a total of $38,836.54 in costs for preparing the certified administrative record, in timely fashion, based on delays on the part of the petitioner initially electing to prepare the record. The trial judge granted the […]

SLAPP: Plaintiff’s Failure To Oppose Fee Motion Below, Failure To Appeal Merits Determination Of SLAPP Motion, And Failure To Include An Adequate Record Doomed His Appeal Of SLAPP Fee Award

Cases: SLAPP

Result Was Affirmance Of Trial Court Award Of $16,289.11 In Fees/Costs For The Defense.             In Dellinger v. Harn, Case No. C082821 (3d Dist. June 28, 2018) (unpublished), plaintiff (a government relations and political consultant) earlier won a jury trial by which a jury said he did not have to return $10,000 paid to him

Landlord/Tenant: Tenant’s Dismissal Without Prejudice On Eve Of Trial Justified $19,200 Fee Award To Landlord/Landlord’s Agent Under San Francisco Municipal Statute And Civil Code Inhabitability Fee-Shifting Provisions

Cases: Landlord/Tenant

Lease Fees Provision Saying Everyone Bears Their Own Fees Did Not Preempt Statutory Fee Entitlement Provisions.             In Gupta v. Choy, Case No. A151582 (1st Dist., Div. 1 June 27, 2018) (unpublished), plaintiff tenant dismissed a case without prejudice against defendants, either landlords or at least their agents, on the eve of trial. Defendants brought

Civil Rights: $100,000 FEHA Award In Favor Of Defense For Frivolous Suit Affirmed On Appeal

Cases: Civil Rights

Defense Had Asked For $325,584, But Trial Judge Carefully Considered “Pocketbook” Factor.             Not all defense motions against plaintiffs for filing/prosecuting a frivolous FEHA claim result in a nothing fee award. Raseknia v. County of Los Angeles, Case No. B271912 (2d Dist., Div. 2 June 27, 2018) (unpublished) illustrates this, although trial judges usually will

In The News . . . . S.D.N.Y. District Judge Jed S. Rakoff Decides That Class Counsel Fees In Petrobras Securities Litigation Should Be Reduced By Roughly A Third

In The News

Class Counsel Had Asked For $284.4 Million In Requested Fees, With Court Granting $186.5 Million In Fees, Plus Being Able To Add Actual Payments To Foreign Attorneys In Supplemental Expense Request.             In In re Petrobras Sec. Litig., No. 14-cv-9662-JSR (S.D.N.Y. June 25, 2018) (Doc. No. 834), U.S. District Judge Jed S. Rakoff granted final

Judgment Enforcement/Partition: Judgment Creditor Failed To File Appeal From Partition Distribution Order So As To Challenge Fees Awarded To Successful Party In Partition Action

Cases: Judgment Enforcement, Cases: Partition

Also, Judgment Creditor’s Lien Against Other Tenant In Common Did Not Impact Winning Tenant In Common’s Partition Award.             The Fourth District, Division 1, in Sikes v. Sikes, Case No. D071576 (4th Dist., Div. 1 June 27, 2018) (unpublished), dealt with a nasty partition fight between brothers where one brother induced another brother to relocate

Retainer Agreement, Section 1717: Law Firm Suing For Breach Of Oral Agreement To Provide Legal Services, Based On Continued Applicability Of Retainer Agreement, Resulted In Law Firm Exposure Under Retainer Fees Clause

Cases: Retainer Agreements, Cases: Section 1717

Ex-Clients Won $38,841 In Section 1717 Fees After Prevailing On A Summary Judgment Motion.             Many California retainer agreements between lawyers and clients have attorney’s fees provisions and provisions indicating that any further requested work, even if oral, will proceed under the terms of the written retainer agreements. When both of these features are present,

Insurance: Insurer Providing Defense Counsel With Minor Reservations Of Rights And Offering To Make Policy Limits Settlement Did Not Have To Pay Cumis Counsel Expenses

Cases: Insurance

Insurer Did The Right Things, With No Conflict Of Interest Appearing And With The Insurer Obtaining Summary Judgment On The Cumis Issue.             Pacific Intercultural Exchange v. Scottsdale Ins. Co., Case No. D071478 (4th Dist., Div. 1 June 26, 2018) (unpublished) is a textbook example of how an insurer treats an insured correctly such that

Civil Rights, Lodestar, Reasonableness Of Fees: Over Vigorous Dissent, Ninth Circuit Rules That C.D. Cal. Local Rule Default Judgment Fee Schedule Does Not Apply Where Plaintiff Obtaining Default Judgment Asks For Lodestar Fees In ADA Case

Cases: Civil Rights, Cases: Lodestar, Cases: Reasonableness of Fees

Dissenting Circuit Judge Believed That Not Adhering To Local Rule Suggestions Would Lead To Potential Abuse.             The Ninth Circuit, in Vogel v. Harbor Plaza Center, LLC, No. 16-55229 (9th Cir. June 25, 2018) (published), visited the issue of how attorney’s fees in an American with Disabilities Act (ADA) case should be handled in an

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