Author name: Marc Alexander

Civil Rights, Employment, Section 998:  Fee And Costs Award To Successful Defendants Had To Be Reversed And Remanded Based On Failure To Make Findings On Frivolousness For Purposes Of Labor Code Section 218.5 Claim

Cases: Civil Rights, Cases: Employment, Cases: Section 998

However, 4/2 DCA Denied Expert Witness Fees To Unsuccessful FEHA Plaintiff Rejecting CCP § 998 Offer, Parting Company With Contrary Results By 1/5 And 4/1 DCAs.             We have to say that 2018 has started out with a bang, producing a decision by the Fourth District, Division 2 acknowledging it is parting company from the […]

Year-End Wrap-Up Supplement:  Survey Of Percentage Of Issues Addressed In California State And Ninth Circuit Published Decisions During 2017

Year in Review

For California State Decisions, Fee Clause Interpretation, Prevailing Party, Probate, Family Law, Civil Rights, Section 1717, Private Attorney General, and Fee Reasonableness Issues Rose To The Top, While Ninth Circuit Published Decisions Addressed An Array of Issues.             As we usher in the 2018 New Year, we thought we would go back and provide a

Happy New Year 2018 To All Our Readers

Off Topics

    A fireworks show caps off the "Warmth of Winter" exhibition at the annual Winter Carnival in Steamboat Springs, Colorado.  Carol M Highsmith, photographer.  2016.  Library of Congress.

Ethics/Section 998:  Litigant’s Counsel Alleged Fraudulent Activities In Relation To CCP § 998 Offer Did Not Justify Disqualification

Cases: Ethics, Cases: Section 998

Court Of Appeal Reversed, But On A 2-1 Vote.             In one of our likely last posts for 2017, we enter into the area of ethics as far as disqualification of an attorney in an action relating to a CCP § 998 offer.             Miralda v. Heng Sheng, Inc., Case No B282158 (2d Dist., Div.

Employment/Section 998:  Individual Plaintiff’s Acceptance of 998 Offer And Dismissal Of Individual Claims With Prejudice Meant He Could Not Continue To Prosecute PAGA Claim

Cases: Employment, Cases: Section 998

Plaintiff Was Not An “Aggrieved Employee” For PAGA Standing Purposes.             In Kim v. Reins International California Inc,., Case No. B278642 (2d Dist., Div. 4 Dec. 29, 2017) (published), plaintiff alleging both individual and class action wage/hour violations (including a PAGA claim) accepted a CCP § 998 offer and dismissed his individual claims with prejudice.  The

Year In Review Wrap-Up:  Mike & Marc’s Top 20 Decisions In 2017

Year in Review

Part 2 of 2 –Remaining Ten Decisions Also Covered An Array Of Different Issues.             As we have done in past years, wishing all readers the happiest of holidays, we now finish off our top 20 published decisions from California appellate courts, the United States Supreme Court (SCOTUS), and the Ninth Circuit for the 2017

Civil Rights:  Limited Success Did Justify District Court’s 50% Reduction In Fee Request In ADA Case

Cases: Civil Rights

District Court’s Articulation Of Reduction Was Clear Enough.             Getting a shave. "Uncle Joe Cannon getting one of his last congressional shaves. Bert Broden has been Uncle Joe's barber for the past twelve years."  Feb. 26, 1923.  Library of Congress.                 In Dunlap v. Liberty Natural Products, Inc., Nos. 15-35395/16-35113 (9th Cir. Dec. 28, 2017)

Family Law, Lien For Attorney Fees, Probate:  Wife Had Authority Under Family Law Equal Management Principles To Engage Attorney For Personal Injuries Incurred By Incapacitated Husband

Cases: Family Law, Cases: Liens for Attorney Fees, Cases: Probate

Also, In Contested Probate Proceedings, An Evidentiary Hearing Is Required Unless Parties Stipulate To Using Affidavits Or Declarations.             Maldonado v. Giblin, Case No. H041417 (6th Dist. Dec. 27, 2017) (unpublished) is a prime example showing how appellate jurists are attuned to gender equality issues and legislative changes aimed at promoting such equality in the

Off Topic: Co-Contributor Marc Alexander Has Reviewed Ari Berman’s “Give Us The Ballot” For California Litigation, The Journal Of The California State Bar

Off Topics

A Review of Ari Berman's Book, Give Us The Ballot:  The Modern Struggle For Voting Rights In America.         Co-contributor Marc has written a review of Ari Berman's book, "Give Us The Ballot."  The review, which appears in the latest  issue of California Litigation, the journal of the California State Bar, is republished here, with the

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