Author name: Marc Alexander

Legislation: Senate Bill 1244, If Passed, Would Clarify “Plaintiff” Language In The California Public Records Act’s Fees/Costs-Shifting Provision

Legislation

Bill Was Inspired By Position Taken By Government In Newark Unified School District v. Snyde/Brazil.             The California Public Records Act (CPFA) has a fees/costs shifting provision in Government Code section 6259(d) which provides that the court shall award court costs and reasonable fees to the “plaintiff” should the plaintiff prevail in CPRA litigation and […]

Deadlines, Special Fee Shifting Statutes: Although Timely Filed, Motion For Defense Costs Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment Motion

Cases: Deadlines, Cases: Special Fee Shifting Statutes

Section 1038 Deadlines Are Not Jurisdictional In Nature.             Code of Civil Procedure section 1038 allows an award of defense costs to a public entity that prevails on a frivolous lawsuit by means of a dispositive motion (such as a motion for summary judgment) if the public entity so moves “before the discharge of the

Costs, Section 998: Deposition Transcripts Ordered And Jury Fees Posted By Separate Defendants Are Awardable As Routine Costs.

Cases: Costs, Cases: Section 998

Expert Witness Fee Requests Did Not Have To Be Scaled Down Due To Plaintiff’s Financial Condition.             On the merits, Alexander v. Scripps Memorial Hospital La Jolla, Case No. D071001 (May 11, 2018 partially published; costs discussion not published) is a wrenching decision on a patient’s health care directives conflicting with providers’ opinions that the

Private Attorney General: 1/4 DCA, In Unpublished Opinion, Explores Many Issues And The Causation Element Of CCP § 1021.5’s Catalyst Theory

Cases: Private Attorney General (CCP 1021.5)

Plaintiffs/Intervenors Obtain Reversal Of Lower Court’s Fee Denial As A Matter Of Law.            The 1/4 DCA, in Epstein v. Schwarzenegger, Case Nos. A147092/A147366 (1st Dist., Div. 4 May 10, 2018) (unpublished), recently issued an opinion in an interesting case on a publicized event which constitutes must reading for practitioners prosecuting or defending fee requests under

Costs, Employment, Reasonableness Of Fees: FEHA Award Of $44,437.50 In Attorney’s Fees And $3,411.37 In Costs Was Largely No Abuse of Discretion

Cases: Costs, Cases: Employment, Cases: Reasonableness of Fees

Appellate Court Did Modify Judgment To Exclude UPS Services And Copy Of Amended Summons Expense Recoupment As Routine Costs.             In Lepe v. Luft Enterprises, Case No. E067382 (4th Dist., Div. 2 May 10, 2018) (unpublished), three plaintiffs won wage/hour awards against the defendant to the tune of $140,016. They then moved for fees and

Off Topic: Happy Tenth Birthday To This Blog!

Off Topics

We Can’t Believe The Time Has Flown By.             As we age, we have all heard the adage that time seems to go even faster the older we get.             Co-contributors Mike and Marc agree, at least with respect to doing ten years of blogging at this site since our first post on May 11,

Allocation, Homeowner Associations: Judge Presiding Trial Did Not Abuse His Discretion By Failing To Apportion Fee Work Between Contract and Noncontract Claims Where Work On These Claims Was Inextricably Intertwined

Cases: Allocation, Cases: Homeowner Associations

Plus . . . Lower Court Did Significantly Reduce Fee Request In Awarding $507,000 In Fees And $33,699 In Costs To HOA.             We repeatedly have demonstrated in posts how homeowner association disputes can be a pricey proposition, depending on which side prevailed (or, for that matter, where no side has been found to prevail).

In The News . . . . Stanislaus County Ordered To Pay Deceased Sheriff’s Widow’s Attorneys Nearly $1.4 Million In Fees After Prevailing In Discrimination Lawsuit

In The News

County Settled With Sheriff’s Widow For $253,000, With Fee Award Greatly Eclipsing The Compensatory Compromise.              As reported by The Modesto Bee and NALFA’s New Blog recently, Dennis Wallace was a sheriff’s deputy in Stanislaus County who was idled two years without pay. He sued Stanislaus County on discrimination claims, even though the suit had

Costs, Employment: Losing Plaintiff Properly Not Saddled With Routine Costs After Losing Age Discrimination Claim

Cases: Costs, Cases: Employment

Replacement By Younger Person Another Indicator To Prevent Routine Costs Award Under The Circumstances.              By now, our readers will know that plaintiffs losing FEHA claims generally, unless the facts are austere, avoid attorney’s fees or costs even though they ultimately lost at pleading, summary judgment, or trial stages. (To be fair, only a general

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