Author name: Marc Alexander

Substantiation Of Reasonableness Of Fees: 2/3 DCA, On Remand Of Los Angeles County Supreme Court Decision, Remands To Consider Whether Fee Totals In Invoices And Billings Are Privileged Or Not

Cases: Substantiation of Reasonableness of Fees

DCA Concludes That Billing Entries Likely Would Reveal Privileged Information And Do Not Have To Be Produced In Response to Public Records Act Demand.             Earlier, we had posted on Los Angeles County Bd. of Supervisors v. Superior Court, 2 Cal.5th 282, 300 (2016) [see our December 29, 2016 post], where the California Supreme Court […]

Costs/Prevailing Party: After Remand From Supreme Court Decision, 4/3 DCA Decides Prevailing Party For Purposes Of Appellate Costs

Cases: Costs, Cases: Prevailing Party

  Project Set-Aside Determination, Despite Wins And Losses, Showed Conservancy Was Prevailing Party.             In Banning Ranch Conservancy v. City of Newport Beach, 2 Cal.5th 918 (2017), the California Supreme Court disagreed with the trial and appellate courts regarding CEQA compliance. The supreme court issued a remittitur, stating: “Costs, if any, must be awarded by the

Section 1717: Fees As Damages Under Breach Of Contract Claim Must Be Decided By The Jury At Trial, Not The Trial Judge On Noticed Motion

Cases: Fees as Damages, Cases: Section 1717

Jury Right Implicated, With Brandt Being Persuasive On The Issue. Jury.  1918-20.  Library of Congress.             In Monster, LLC v. Superior Court (Beats Electronics, LLC), Case No. B278289 (2d Dist., Div. 7 June 21, 2017) (published), cross-complainant brought a breach of contract cross-claim, alleging that the cross-defendants had caused the company to incur attorney’s fees and

Liens For Attorneys Fees: Attorney’s Lien In Artwork Was Not A Fraudulent Transfer

Cases: Liens for Attorney Fees

Clients Can Prefer Attorneys Over Others, Following Reasoning In Wyzard.             In Stoltenberg v. Sheppard, Mullin, Richter & Hampton LLP, Case No. B271524 (2d Dist., Div. 5 June 20, 2017) (unpublished), plaintiffs/judgment creditors challenged law firm’s attorney’s lien on specific client property (such as artwork) to secure payment of accrued, unpaid legal fees, based primarily

In The News . . . . Structuring A Plaintiff’s Fee Recovery And Insurance Protection For Plaintiffs Subject To Fee Shifting

In The News

  June 2017 Orange County Lawyer Article Explores Structuring of Attorney’s Fees Recovery.           Patrick C. Farber (a structured settlements broker), in a June 2017 Orange County Lawyer article entitled “Financial Management Strategy: Structuring Attorney’s Fees,” discusses strategies and tax implications for plaintiff’s attorneys due to receive recovery of a substantial fee recovery. It suggests

Section 998: Prevailing Defendant Reaps Large Successful 998 Offer Award To The Tune Of $514,005.66 Against Unsuccessful Personal Injury Plaintiffs

Cases: Section 998

Case Teaches That 998 Offers Must Be Taken Seriously, With Appellate Court Rebuffing Multiple Technical Challenges To The Underlying Offers.             Rempell v. Hofmann, Case No. A146257 (1st Dist., Div. 4 June 14, 2017) (unpublished) involved a husband and wife suing for personal injuries/loss of consortium against a defendant making two pre-trial Code of Civil

Fee Clause Interpretation/Section 1717: Prevailing Seller Co-Conspirator Defendant In Real Estate Listing Dispute Properly Awarded Fees Under Broadly Worded Fees Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

Section 1717 Reciprocity Principles Applied. Charlie Price Realtor donkey statue, Routes 62 & 82.  John Margolies, photographer.  1993.  Library of Congress.         In Impact Realty, Inc. v. Ortega, Case No. B272040 (2d Dist., Div. 1 June 14, 2017) (unpublished), real estate brokers sued a seller for breach of contract as well as sued a seller and

Indemnity: Attorney’s Fees Incurred By Indemnitee In Enforcing Indemnity Contract Are Not Recoverable

Cases: Indemnity

Although Fees Incurred In Defending Against Third Party Claim Were Recoverable, The Enforcement Fees Were Not.           Language, language, language.   Free neighborhood classes (including language).  1937.  Library of Congress.         The language of an indemnity clause, including fee entitlement, is critical in determining what types of fees are recoverable by an indemnitee.  The indemnitee in

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