Author name: Marc Alexander

Probate:  In Interesting Statutory Interpretation Issue, Fifth District Concludes That Trustee Can Face Fee Exposure For No Accounting At All And For Obtaining A Breach Of Fiduciary Duty Surcharge

Cases: Probate

Construction Of Probate Code Section 17211(b) Was Involved.             Although unpublished, the Fifth District confronted the scope of Probate Code section 17211(b), the provision allowing assessment of attorney’s fees against a trustee who contests an accounting unreasonably and in bad faith, in Brown v. Jimenez, Case No. F073156 (5th Dist. Sept. 12, 2017) (unpublished).             […]

Bankruptcy/Reasonableness Of Fees:  Ninth Circuit Affirms Arbitrator’s Award Of Fee Recovery To Chapter 11 Debtor’s Attorneys Under Reasonable Value Cap Of 11 U.S.C. § 502(b)(4)

Cases: Bankruptcy Efforts, Cases: Reasonableness of Fees

Appellate Court Also Reconciled Importance of Full Faith And Credit Act With Respect To Preclusive Effect Of Arbitrator’s Decision.             The Ninth Circuit in In re CWS Enterprises, Inc., No. 14-17045 (9th Cir. Sept. 14, 2017) (published) had to reconcile two provisions:  11 U.S.C. § 502(b)(4), a provision limiting pre-petition attorney’s fees provided to a

Arbitration:  Losing Litigant In Arbitration Forfeited Illegality Challenge To Oregon Counsel Fees Where Issue Not Raised Before Arbitrator And Only Raised First Time In Reply Brief In Support Of Motion To Vacate Arbitration Award

Cases: Arbitration

Timeliness Of Challenges Highlighted In This One.             In Schwartz v. Schwartz, Case No. D071445 (4th Dist., Div. 1 Sept. 15, 2017) (unpublished), family members (the Schwartzs) got into a squabble, with William Schwartz winning against Joel Schwartz after a contested arbitration.  The rub, and there usually is one from our perspective, is an attorney’s

Reasonableness Of Fees:  Two Pennsylvania Federal District Court Judges Deny Entirety Of Requested Fees Where Inflated, Poorly Documented Requests Were Submitted For Consideration

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Same Discretion To Deny Fees Entirely Is The Law In California State Court System             Two district judges from the Middle District of Pennsylvania recently denied completely two substantial attorney’s fees requests based primarily on their perceptions the requests were inflated and/or inadequately documented for purposes of evaluating reasonableness of the requests.             U.S. District

Bankruptcy Efforts, Pleading, Reasonableness Of Fees:  4/1 DCA Reverses Fee Award Based On Failure To Consider Previously Filed Papers On Prior Motion

Cases: Bankruptcy Efforts, Cases: Pleading, Cases: Reasonableness of Fees

Additionally, Remand Made To Include Bankruptcy Efforts And Provide A Better Explanation Of 50% Fee "Haircut".             Roth v. Plikaytis, Case No. D070484 (4th Dist., Div. 1 Sept. 13, 2017) (partially published) is a situation where defendant prevailed on a breach of contract action allowing fee entitlement (after a jury trial), but where the trial

SLAPP:  Failure To Address SLAPP Fee Recovery To Defense On Appeal Waived Any Challenge To Fees Award

Cases: SLAPP

Case Involved JAMS Neutral John Trotter’s Mediation Activities, Which Were Successfully SLAPPed.              In Chodosh v. Trotter, Case Nos. D070952/D070953 (4th Dist., Div. 1 Sept. 13, 2017) (unpublished), plaintiffs sued JAMS neutral John Trotter (a retired jurist from Orange County) based on alleged misconduct during a mediation.  A defense SLAPP motion was granted based on

In The News/SLAPP:  Democrat Doug Applegate Wins SLAPP Fees In SLAPPing U.S. Rep. Darrell Issa’s Defamation Action

Cases: SLAPP, In The News

$42,500 In Fees And $2,842 In Costs Was The Total Award.             According to a recent Associated Press article, a California state court judge earlier this year ordered U.S. Rep. Darrell Issa to pay $42,500 in attorney’s fees and $2,842 in costs for obtaining dismissal through a SLAPP motion of Rep. Issa’s defamation action against

Section 1717/Unlicensed Contractor:  $90,310.50 Fee Award Against Residential Seller Affirmed In Case Where Modified Damages Were Only $32,004.70

Cases: Section 1717, Cases: Unlicensed Contractors

Fee Award Reversed Against Corporate, Nonsignatory Principal Where No Alter Ego Unfairness Shown.             In Posada v. Stone Steps Properties, LLC, Case Nos. B271664/B277933 (2d Dist., Div. 5 Sept. 11, 2017) (unpublished), a residential property seller failed to disclose to a buyer that an unlicensed contractor performed renovations on the property, resulting in a 5-day

Fee Clause Interpretation/Settlement:  Settlement Agreement’s Carve-Out Language And Broad “Related To” Language Allowed For Fee Recovery In General Contractor – Subcontractor Dispute

Cases: Fee Clause Interpretation, Cases: Settlement

  Need For Precise Draftsmanship Demonstrated By This Case.             In Global Modular, Inc. v. Kadena Pacific, Inc., Case No. E063551 (4th Dist., Div. 2 Sept. 8, 2017) (published), general contractor, subcontractor, and subcontractor’s general liability carrier were drawn into a dispute about water damage to a construction site.  A partial settlement was reached by

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