Author name: Marc Alexander

Homeowner Associations:  Trial Court’s Refusal To Award HOA-Affiliated Individual Defendant Fees, As Against Voluntarily Dismissing Plaintiffs, Under Statutory Fee-Shifting Provision Reversed On Appeal

Cases: Homeowner Associations

Santisas Argument Did Not Apply To CC&R Statutory Fee Provision And Gravamen Of Plaintiffs’ Action Was Based On CC&Rs.             In Durack v. Wang, Case No. B276086 (2d Dist., Div. 7 Sept. 25, 2017) (unpublished), homeowners sued the HOA and several individual defendants for negligence and breach of fiduciary duty (among other claims), but referencing […]

Consumer Statutes/Settlement:  Medina Decision Now Published

Cases: Consumer Statutes, Cases: Settlement

$128,004.50 Fee Award Sustained Under Consumer Fee-Shifting Statutes Where $8,600 Was The Settlement Amount.             On September 20, 2017, we posted, and co-contributor Marc on his California Mediation and Arbitration blog posted, on Medina v. South Coast Car Company, Inc., Case No. D069820 which was unpublished at the time.  In that case, the appellate court

SLAPP:  Winning SLAPP Defendant Entitled To Recovery Of $37,568 In Attorney’s Fees

Cases: SLAPP

Losing Plaintiff Waived Trope Argument And Lack Of Hearing Reporter’s Transcript Failed To Preserve Challenge To Amount Of Fee Award.             In Rianda v. Foster, Case No. B271773 (2d Dist., Div. 1 Sept. 21, 2017) (unpublished), winning SLAPP defendant was awarded mandatory attorney’s fees of $37,568 after a highly contested fee proceeding where the trial

Family Law:  Ex-Husband’s Request For Section 271 Sanctions Correctly Denied Under Abuse Of Discretion Standard

Cases: Family Law

Ex-Husband Was Contentious And Ex-Wife Had Already Contributed Significant Moneys To Level The Playing Field.             With respect to Family Code section 271 sanctions, equities often determine who wins or loses on these requests.  Marriage of Madigan, Case No. G052559 (4th Dist., Div. 3 Sept. 20, 2017) (unpublished) illustrates this well, a 3-0 panel decision

Consumer Statutes/Settlement:  Settling Car Wrongful Repossession Plaintiff Properly Awarded $128,004.50 In Attorney’s Fees And $3,738.87 In Costs Even Though Defendants Settled For $8,600

Cases: Consumer Statutes, Cases: Settlement

Specific Settlement Agreement Terms Shot Down The Defense’s “No Fee Entitlement” Argument.             The defense in this wrongful repossession action under various consumer statutes with fee-shifting provisions was likely shocked by a trial court’s award of $128,004.50 in attorney’s fees and $3,738.87 in costs given that the settlement amount to plaintiff was only $8,600 subject

Deeds Of Trust:  Wife Obtaining Property, But Not Signing Note, Was Not Liable For Attorney’s Fees Under Deed Of Trust Provisions

Cases: Deeds of Trust

Civil Code Section 1717 Prevailing Party Analysis Did Not Apply.             In Ruegsegger v. Homeward Residential, Inc., Case No. G052879 (4th Dist., Div. 3 Sept. 19, 2017) (unpublished), ex-husband solely signed a note (ex-wife did not sign), although both signed a deed of trust on property, even though ex-husband conveyed property to ex-wife through a

Probate:  Residual Trust Beneficiary Entitled To Rounded $102,800 In Fees/Costs From Co-Trustee, Payable By The Trust But 80% From Future Trust Distributions To Co-Trustee (Also A Beneficiary)

Cases: Probate

Probate Code’s Equitable Principles Supported The End Result.               In Gorman v. Lavery, Case No. B271527 (2d Dist., Div. 6 Sept. 18, 2017) (unpublished), a probate court awarded $101,787.26 in attorney’s fees and costs to a residual trust beneficiary against a co-trustee/other trust beneficiary relating to mismanagement of a family trust after a breach

Class Action, Common Fund, Employment, Lodestar, Multiplier:  N.D. Cal. District Judge Ilston Awards Wage/Hour Class Action Counsel $15,200,002.90 In Hybrid Statutory Fee/Common Fund Case Against Wal-Mart

Cases: Class Actions, Cases: Common Fund, Cases: Employment, Cases: Lodestar, Cases: Multipliers

District Judge Confronts Multiple Issues In Reaching Fee Award.             U.S. District Judge Susan Ilston in Ridgeway v. Wal-Mart Stores, Inc., Case No. 08-cv-05221-SI (N.D. Cal. Sept. 14, 2017 Doc. #606) confronted numerous issues in deciding the appropriate award to class counsel in a truck driver employee class action case against Wal-Mart for wage hour

Family Law:  $10,000 271 Sanctions Award Affirmed On Appeal

Cases: Family Law

Ex-Husband Filed Lots Of Motions And Did Not Provide Record Citations To Generate Traction On Appeal, Plus Ad Hominem Found Abhorrent.             Marriage of Bulmer, Case No. B277266 (2d Dist., Div. 6 Sept. 18, 2017) (unpublished) may seem routine (and it somewhat is), but does contain some good guidance for any litigant trying to gain

Homeowner Associations:  HOA Not Entitled To Fees Where Gist Of Successor Homeowner’s Suit Was Fraud Based

Cases: Homeowner Associations

Denial Of HOA’s Fee Request Affirmed On Appeal.             In Mims v. Park Hill on Pepper Avenue Community Association, Case No. E065990 (4th Dist., Div. 2 Sept. 13, 2017) (unpublished), successor homeowner initially sued HOA on various fraud-based claims based on the failure to provide her notice that the property was within the HOA and

Scroll to Top