Author name: Marc Alexander

Requests For Admissions: Defendant Properly Not Penalized With Costs-Of-Proof Sanctions Where It Had Reasonable, Good Faith Basis To Deny RFAs In Very Factually-Oriented Negligence Case

Cases: Requests for Admission

Defense Had Lay And Expert Witnesses, Which If Believed, Supported Its Case, Even Though It Ultimately Lost.             Grotenhuis v. Golden Gate Bridge, Highway & Transportation District, Case No. A151781 (1st Dist., Div. 3 June 15, 2018) (unpublished) was a case where a trial judge denied a costs-of-proof RFA motion after plaintiff won a contested […]

Arbitration: Arbitrator’s Award Of $183,000 In Allocated Fees To One Successful Defendant In Joint Defense Arrangement And Trial Court’s $21,000 In Post-Arbitration Fees To All Defendants Were Proper

Cases: Arbitration

Losing Plaintiff Claimed Arbitration Award Was “Manifest Disregard Of Law,” But This Was A Federal Standard Rather Than The More Limited State Standard Applicable To Review Of Arbitration Awards.             HUB International Ins. Services v. Morales, Case No. E067095 (4th Dist., Div. 2 June 14, 2018) (unpublished) was an imbroglio involving non-interference, non-solicitation, confidential disclosure,

Allocation, Reasonableness Of Fees: Trial Judge’s Apportionment Of Fees In Multi-Defendant Representation And Award Of Appellate Fees Was No Abuse Of Discretion

Cases: Allocation, Cases: Reasonableness of Fees

4/1 DCA Rejected Arguments By Winning Fee Claimant And Losing Party In Contentious Fee Battle On Remand From Prior Appellate Opinion.            Bank of Southern California, N.A. v. D&D Goryoka, Inc., Case No. D072231 (4th Dist., Div. 1 June 13, 2018) (unpublished) was an appeal from an attorney’s fees award from a prior appellate decision remand

Tort Of Another: Buyer Alleging Joint Conspiracy Theory Could Not Recover Attorney’s Fees From Joint Tortfeasors, Real Estate Agent And Broker, Based On Tort Of Another Theory

Cases: Tort of Another

Court Of Appeal Followed Vacco Industries’ Reasoning On This Issue.             In 3405/3407 Slauson Ave., LLC v. Gilleron, Case No. B265290 (2d Dist., Div. 3 June 13, 2018) (unpublished), plaintiff buyer agreed to purchase 4 commercial property units from defendant buyer, with defendant real estate sales agent engaging in a joint broker arrangement with seller

Appealability, Receivers, Special Fee Shifting Statutes: Grant Of Attorney’s Fees And Expenses To City Of Indio And Against Property Lender/Receivership Estate In Public Abatement Action Reversed As A Matter Of Law

Cases: Appealability, Cases: Receivers, Cases: Special Fee Shifting Statutes

Two Health And Safety Code Fee Shifting Statutes And Indio Municipal Fee Shifting Provision Did Not Provide Bases For Fees/Expenses Against Lender/Receiver.             In Kaura v. Stabilis Fund III, LLC/City of Indio (as intervenor), Case No. E065751 (4th Dist., Div. 2 June 13, 2018) (partially published; appealability discussion not published), lender with a deed of

SLAPP: Attorney SLAPP Winner Providing Conflicting Testimony Denied SLAPP Fees Because Trial Judge Properly Was Worried About Inconsistencies In Testimony As To Amount Of Fees, Whether She Represented Herself, And Whether “Of Counsel” Colleague Was A

Cases: SLAPP

Case Highlights That Inconsistencies In Declaration Testimony Can Doom A Law-And-Motion Proceeding Request.             Thomas v. Makovoz, Case No. B281322 (2d Dist., Div. 8 June 12, 2018) (unpublished) is a doozy of a case where inconsistencies in an attorney’s SLAPP fee submissions tanked efforts to obtain fee recovery after she won a defense SLAPP motion with

Prevailing Party: Defendant Buyer Beating Lack Plaintiff Seller’s Unenforceability Argument Under Seller’s Complaint And Obtaining Specific Performance Relief On Buyer’s Cross-Complaint Was Entitled To Contractual Fees As Prevailing Party

Cases: Prevailing Party

Almost $90,000 In Fees Was Final “Reward” For Prevailing Buyer.             In Elie v. Kallie, Case No. B272360 (2d Dist., Div. 5 June 12, 2018) (unpublished), plaintiff seller lost in an effort to invalidate a sale agreement as unenforceable and also lost on defendant buyer’s cross-complaint seeking specific performance. In the end, defendant buyer obtained

News . . . . American Apparel Founder Dov Charney Owes His Ex-Firm Around $2.2 Million In Fees

In The News

Los Angeles County Superior Court Judge Confirms Arbitration Award In Law Firm’s Favor, An Award Finding No Professional Standard Of Care Violations By Law Firm.             Recently, Los Angeles-based Glaser Weil, who formerly represented American Apparel founder Dov Charney in litigation, won the granting of an unopposed petition to confirm an arbitration award in which

Books: Jeffrey Rosen’s American Prophet: Louis D. Brandeis

Books

Co-Contributor Marc's Review Of Jeffrey Rosen's Book Has Been Published In California Litigation.     With the permission of California Litigation, the journal of the litigation section of the California Lawyers Association, Marc's review of Jeffrey Rosen's book about Justice Louis D. Brandeis and his thought is made available here.

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