Author name: Marc Alexander

Section 1717, Section 998: Because Plaintiff Voluntarily Dismissed Its Unlawful Detainer Action Without Prejudice, Santisas Prevented Recovery Of Contractual Attorney’s Fees By The Other Side Despite The Winning 998 Offer

Cases: Section 1717, Cases: Section 998

However, Plaintiff Did Pay The Other Side $118,372.65 In Routine Costs.                In Riverside Mining Limited v. Quality Aggregates, Case No. E081228 (4th Dist., Div. 2 Aug. 19, 2024) (published), Quality leased 73 acres from Riverside Mining, operating a quarry on the land.  Quality brought a civil lawsuit against Riverside Mining for infringing its leasehold, […]

Section 998: Plaintiff University Student Owed Judgments Against Two Defendants As A Result Of A Successful Section 998 Offer

Cases: Section 998

Costs Shifting Frequently Can Be The Result With A Well-Crafted 998 Offer.                Plaintiff student sued Loyola Marymount University and Los Angeles Television Access Corporation (Access) for premises liability and negligence after Access’ photography light fell on student.  After a bench trial, University was held blameless, and student won $22,834 in damages against Access.  However,

Fee Clause Interpretation: Based On A Broad Fee Clause, The Lower Court Correctly Construed An Option Agreement And Awarded Over $1.371 Million In Fees

Cases: Fee Clause Interpretation

Shows How Fee Motions Can Be Mini-Trials On Interpretation Of Fee Clauses.                In Preservation, Finance, Rehabilitation & Development, LP v. Associated Financial Corp., Case No. B325694 (2d Dist., Div. 4 Aug. 13, 2024) (unpublished), defendant won a bench trial in a complex loan transaction case, with the lower court awarding defendant prevailing party fees

Private Attorney General: Defendant Who Provided Appellate Amicus In A Proposition 65 Case Finding No Violations Properly Was Denied CCP § 1021.5 Fee Against A Plaintiff Dismissing The Case After Issuance Of The Earlier Appellate Opinion

Cases: Private Attorney General (CCP 1021.5)

Reason Was That Defendant’s Avoidance Of Civil Penalties And The Costs Of Warnings Outweighed Any Important Right, Which Was Coincidental To Its Economic Interests.                In Environmental Health Advocates, Inc. v. Bio Hazard, Inc., Case No. A168332 (1st Dist., Div. 1 Aug. 12, 2024) (unpublished), a plaintiff dismissed a Proposition 65 case against defendant after

Discovery: $4,508 In Attorney’s Fees Awarded Against MyPillow Mogul Mike Lindell In November 2020 Election Case Resulting In An Earlier $5 Million Adverse Judgment

Cases: Discovery

Fee Request Reduced For Excessive Hourly Rates And For Overbroad Discovery Requests.                In an August 8, 2024 post by some writers for the Business Insider, they report that MyPillow mogul Mike Lindell—who supposedly offered to pay $5 million to any person who could disprove his cyber data and other data relating to the November

Employment, Settlement: $226,000 Stipulated Amount For Attorney’s Fees To Plaintiffs Under PAGA Settlement Validated On Appeal

Cases: Employment, Cases: Settlement

The Defense Could Not Retract From Its Agreed-Upon Settlement Amount.                In Loudon v. DHSE, Inc., Case No. E081497 (4th Dist., Div. 2 Aug. 8, 2024) (unpublished), defendants agreed to settle a PAGA action through a written settlement agreement providing plaintiffs were entitled to attorney’s fees of $226,000, or one-third of the PAGA settlement amount. 

Settlement: CCP § 664.6 Settlement Validated Where Lemon Law Plaintiff Agreed To Settle For $100,000 Inclusive Of Attorney’s Fees

Cases: Settlement

Effective 1/1/2021, Section 664.6 Allows A Litigant’s Attorney To Orally Stipulate To A Settlement On The Record.                Lemon law plaintiff was not happy with a lower court’s ruling that found a binding oral, on-the-record settlement which was reached with defendants by her attorneys to settle the case for $100,000 inclusive of attorney’s fees through

Prevailing Party, Section 1717: Defendants Winning A Demurrer Dismissal Without Leave Was Contractually Prevailing Party Under Section 1717

Cases: Prevailing Party, Cases: Section 1717

Conspiracy And Unjust Enrichment Claims Fell Within An Operating Agreement Contractual Dispute Ambit.                Many contractual fee disputes depend on whether the claims were “on the contract” under Civil Code section 1717; and if so, who prevailed.  In Zhou v. Hotel Winters, LLC, Case No. C099278 (3d Dist. Aug. 2, 2024) (unpublished), defendants won a

Reasonableness Of Fees: Despite Challengers Prevailing In Private Attorney General Dispute, They Appealed, Arguing The Fee Award Should Be More

Cases: Reasonableness of Fees

No, The Actual, Roughly $105,800 Fee Award Out Of A Requested $330.363.75, Inclusive Of A 1.5 Multiplier, Was Affirmed—No More Awarded.                In a recent post, we blogged on the affirmance of a $105,800 fee award (roughly) to challengers in a private attorney general award, and they got there barely under an abuse of discretion

Private Attorney General: $105,797.40 Fee Award To Some Validation Action Challengers Affirmed On Appeal

Cases: Private Attorney General (CCP 1021.5)

Fifth District Affirmed After Independent Review Of Significant Benefit Prong Because Remand Would Be Futile Under An Abuse Of Discretion Standard.                In Westlands Water District v. All Persons Interested etc., Case No. F085374 (5th Dist. Aug. 2, 2024) (unpublished), the Fifth District reviewed an attorney’s fees award against Water District and in favor of

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