Author name: Marc Alexander

Costs:  Plaintiff Winning In An Arbitration But Dismissing Renewed Litigation Against Various Defendants, Liable For Routine Costs Of $51,343.66

Cases: Costs

No Exceptions Applied, Including DeSaulles Exception.             Although occurring in a somewhat convoluted procedural context, Brewer v. Balda Investments USA, Case No. G054349 (4th Dist., Div. 3 Jan. 30, 2018) (unpublished) reminds us that routine costs awards are governed by structural statutes which may be automatic when dismissals are involved, with the exceptions being few […]

Retainer Agreements:  North Carolina Court Of Appeals Rules That Small Firm Seeking Fees Cannot Represent Itself Where Firm Attorneys Were Necessary To Prove Existence Of Contract

Cases: Retainer Agreements

Disqualification Would Not Have Happened If Just Amount Of Fees At Dispute.             Although this is a case from outside of California, we post on it to show potential disqualification issues which might arise when a firm representing itself in a fee dispute must prove more than just the reasonableness of fees being requested.            

Homeowner Associations/Prevailing Party:  Homeowner’s Interim Preliminary Injunction Success, Although Ultimately Losing On The Merits, Did Not Make Her Prevailing Party Under Davis-Stirling Fee-Shifting Provision

Cases: Homeowner Associations, Cases: Prevailing Party

Analogy To California Homeowner ‘s Bill Of Rights Fee-Shifting Scheme Unavailing On Appeal.             In Artus v. Gramercy Towers Condominium Assn., Case No. A147297 (1st Dist., Div. 1 Jan. 24, 2018) (published), plaintiff homeowner sued HOA claiming it illegally failed to enforce cumulative voting standards under governing documents.  The trial court granted homeowner a preliminary

Family Law:  Court Of Appeal Affirms 2030/2032 Attorney Fee Award Of $60,000 To Ex-Wife And 271 Sanctions Award Of $3,000 Against Ex-Wife

Cases: Family Law

Husband Had Sought $37,000 Sanctions Award.             Ex-husband, who had spent $165,000 in fees on his own dissolution attorney and had paid ex-wife $119,650 through previous pendent lite attorney’s fees, was frustrated when the trial judge ordered him to pay yet an additional $60,000 in 2030/2032 fees to wife and only sanctioned her $3,000 under

Class Action:  Hyundai Fuel Efficiency Class Action Settlement Remanded For Class Settlement Reconsideration, Including Fee Award

Cases: Class Actions

Ninth Circuit Also Gives Some Clues Relating To Approved Fee Settlement On Remand, In 2-1 Decision.             The Ninth Circuit, in In re Hyundai & Kia Fuel Economy Litig., Case Nos. 15-56014 et al. (9th Cir. Jan. 23, 2018) (published), faced an appeal of a class action settlement in the Hyundai fuel efficiency litigation.  Among

Appealability:  Court Of Appeal Could Not Entertain $1,081,500 Fee Award Challenge Because Appellant Did Not File Appeal From Subsequent Fee Order

Cases: Appealability

Appellant Did Not Check A Couple Of Additional Boxes On Judicial Council Notice Of Appeal Form.             Although the Judicial Council has a simple and excellent Notice of Appeal form, take care how you fill it out.  The next case, USA National Title Co., Inc. v. Cayton, Case No. G051810 (4th Dist., Div. 3 Jan.

Probate/SLAPP:  Trustee Properly Not Granted SLAPP Motion Directed At Probate Surcharge Petition

Cases: Probate

Allegations Of Petition Involved Breach Of Loyalty Claims, Not Just Litigation Positions.             Gaynor v. Bulen, Case No. D07097 (4th Dist., Div. 1 Jan. 23, 2018) (published) involved a surcharge petition brought by certain beneficiaries against co-trustees which, among other things, challenge attorney’s fees claimed by the trustees.  One of the trustees filed a SLAPP

Taxation:  Land Partners, LLC Decision Construing Revenue And Taxation Code 5152 Now Published

Cases: Taxation

Deals With Assessor Liability For Challenging A Law As Unconstitutional And Invalid.             In our January 16, 2018 post, we discussed Land Partners, LLC v. County of Orange, a Fourth District, Division 3 decision—unpublished at the time—discussing a special fee-shifting statute under the Revenue and Taxation Code about faulty Assessor decisions.  We can now report

Allocation, Prevailing Party, Reasonableness Of Fees:  $32,133.50 Fee Award Arising Out Of Plaintiff’s $5,159.77 Easement Dispute Victory Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees

Fees Were Reasonable, Plaintiffs Were Successful, And No Apportionment Required.             Neighbors, which happens more frequently than one might suppose, got into a dispute over a negative easement involving an excavation ban within 10 feet of the base of certain trees along their shared property, with the dispute based upon a settlement agreement in Biggs

Fee Clause Interpretation:  Trial Judge’s Award Of Fees Based On Promissory Note Fees Clause Was Erroneous

Cases: Fee Clause Interpretation, Cases: POOF!

$53,637 Contractual Fees Award Went POOF! On Appeal.             In Clark v. Delay, Case No. D072856 (4th Dist., Div. 1 Jan. 19, 2018) (unpublished), plaintiff filed suit over a partnership dissolution dispute mainly involving the claim that plaintiff did not get insurance proceeds under a buy-sell type of alleged oral arrangement.  Among other documents, there

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