Author name: Marc Alexander

Allocation/Prevailing Party:  Trial Judge Erred By Awarding “Full Boat” Requested Fees To Plaintiff/Cross-Defendant Where Record Did Not Show That It Necessarily Prevailed

Cases: Allocation, Cases: Prevailing Party

On Remand, Prevailing Party Determination Needs To Be Revisited As Well As Apportionment Issues. Sequoia Lake, 1920s.  Online Archive of California.             Central Valley Young Men’s Christian Association, Inc. v. The Sequoia Lake Conference of Young Men’s Christian Associations, Case No. F072379 (5th Dist. Oct. 3, 2017) (unpublished) was an interesting YMCA inter-organizational battle about […]

Family Law:  Ex-Wife Properly Denied Attorney’s Fees Under Settlement Stipulation Fees Clause And Family Code Provisions

Cases: Family Law

Contract Provision Was Discretionary, And Ex-Husband Lacked Ability To Pay Under Family Code Provisions.             Ex-wife obviously was frustrated in Marriage of Rice, Case No. G053287 (4th Dist., Div. 3 Sept. 29, 2017) (unpublished) because she did seek attorney’s fees from ex-husband for child/spousal support issues but was denied them after multiple hearings before family

Employment:  Prevailing Former Employee Not Entitled To Labor Code Section 218.5 Fees Because School District Is Immune From 218.5 Fee Recovery

Cases: Employment

Labor Code Section 220(b) So Provides.             In Allyn v. Fallbrook Union Elementary School Dist., Case No. D068325 (4th Dist., Div. 1 Sept. 29, 2017) (unpublished; opinion following order vacating prior opinion), former school district employee won a $1,194,000 jury verdict against school district for retaliation based on her objections to e-mail retention policies.  Emboldened

Prevailing Party:  Fee Award To City Of Hollywood Under Ellis Act Settlement Agreement Reversed Because City’s Permanent Injunction Overturned On Appeal

Cases: Prevailing Party

Prevailing Party Determination Must Await A Final Resolution Of Parties’ Contractual Dispute. West Hollywood, Santa Monica Blvd.  2013.  Carol M. Highsmith, photographer.  Library of Congress.             City of West Hollywood v. Kihagi, Case No. B270416 (2d Dist., Div. 1 Sept. 29, 2017) (unpublished) was a situation where a landlord and City

Family Law:  2030/2032 Fee Award To Ex-Husband Reversed Because Based On Ex-Wife’s Assumed Ability To Obtain A Loan To Pay Award To Ex-Husband

Cases: Family Law

Award Must Be Based On Actual Income And Assets.             Although unpublished, Marriage of Aquino, Case No. B279406 (2d Dist., Div. 5 Sept. 29, 2017) (unpublished) dealt with the issue of whether a trial judge could order a needs-based fee award under Family Code sections 2030/2032 based on the perception that one ex-spouse could obtain

Lodestar/Reasonableness Of Fees:  $262,400 Fee Award In Real Estate Misrepresentation Case Won By Defendant Sellers Affirmed On Appeal

Cases: Lodestar, Cases: Reasonableness of Fees

Various Lodestar Challenges Are Rejected In Unpublished Portion of Opinion.             In RSB Vineyards, LLC v. Orsi, Case Nos. A143781/A145029 (1st Dist., Div. 3 Sept. 29, 2017) (partially published; fee discussion not published), the trial and appellate courts confronted a plaintiff misrepresentation action relating to its purchase of a residence with a vineyard/wine tasting building

Sanctions: Trial Court’s “Vestigial Jurisdiction” When Case Ordered To Arbitration Justified CCP § 128.7 Sanctions Against Litigant’s Counsel

Cases: Sanctions

Continuing Jurisdiction And Waiver Principles Justified Sanctions Order. Old Jail Whipping Post.  St. Augustine, Florida.  John Margolies, photographer.  Library of Congress.             Windsor Mango Way LLC v. Taylor, Case No. B268967 (2d Dist., Div. 3 Sept. 28, 2017) (unpublished) is a case where an attorney was sanctioned under CCP § 128.7 for conduct relating to

Section 1717:  Escrow Company Properly Awarded Attorney’s Fees After Defeating Breach Of Fiduciary Duty Claim Covered Under Broad Escrow Instructions Fees Clause

Cases: Section 1717

Section 1717 Made Unilateral Clause Reciprocal, So Not Adhesive Even Though Escrow Company Won.             In 1500 Viewsite Terrace, LLC v. Pickford Escrow, Inc., Case Nos. B256246/B257166 (2d Dist., Div. 4 Sept. 28, 2017) (unpublished), plaintiff unsuccessfully sued a title company and escrow company, mainly under tort theories (although based on breach of escrow instructions)

Allocation:  2/1 DCA Confirms That Apportionment Is A Highly Discretionary Call For The Trial Court On How And When To Apportion

Cases: Allocation

Winning Alter Ego Targets’ Fee Award Of $82,500 Sustained On Appeal.             In Califco, LLC v. Kientz, Case No. B28004 (2d Dist., Div. 1 Sept. 28, 2017) (unpublished), two alter ego targets were found personally not liable with respect to contract and tort claims brought out of a failed restaurant situation involving a lease.  The

Section 1717:  Contractual Nonsignatory Defendant Correctly Denied Fee Recovery Where Only Tort Claims Involved

Cases: Section 1717

Generalized Conspiracy Allegations Did Not Change The Result.             Truong v. Nguyen, Case No. G053680 (4th Dist., Div. 3 Sept. 26, 2017) (unpublished) involved a situation where a defendant non-signatory to a contract was denied attorney’s fees based on the fact there were no contract-based claims upon which to hinge fee recovery.  The appellate court

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