Author name: Marc Alexander

Costs: With Respect Trial Transcription Costs, Court Reporter Fee Are Awardable But Transcript Preparation Is Not Unless Transcripts Ordered By The Court

Cases: Costs

Also, Messenger And E-Filing Charges Are Allowable In The Court’s Discretion.                McCluskey v. Hendricks, Case No. B331457 (2d Dist., Div. 2 July 16, 2024) (unpublished) reinforced these principles for recovery of routine costs: (1) court reporter fees for trial transcription are recoverable (CCP § 1033.5(a)(11); Gov. Code, § 68086(d)(2)); (2) actual trial transcript preparation […]

Arbitration: Arbitration Clause Requiring Employee To Pay Nonfrivolous Motion To Compel Arbitration And Subsequent Arbitration Fees/Costs Was Unconscionable

Cases: Arbitration

However, Severability Was To Be Considered On Remand.                In Ramirez v. Charter Communications, Inc., Case No. S273802 (Cal. Supreme Ct. July 15, 2024) (published), an employer faced unconscionability rulings on components of its arbitration clause, with the state supreme court issuing rulings on unconscionability and then whether those infirm clauses should or could be

Civil Rights, Prevailing Party: Plaintiff Entitled to Prevailing Party Fees Under The California Voting Rights Act Of 2001

Cases: Civil Rights, Cases: Prevailing Party

Although Unintentional, School District Continued To Defend The Legality Of Its At-Large Elections Even Though Plaintiff Was Able To Show A Violation Of The Act, Obtain An Injunction, And Force Trustee-Area Election Based On Plaintiff’s Proposed Map.                Although the amount of the fee award is not mentioned, the 4/1 DCA affirmed the award in

Arbitration, Employment: Arbitrator’s Failure To Consider Unwaivable Fee Request Under Labor Code Section 226(e)(1) For Prevailing Employee Was Erroneous

Cases: Arbitration, Cases: Employment

Employee Won $4,000 For Employer’s Failure To Issue Accurate Itemized Wage Statements.                In Sanzone v. DCH Korea Imports, LLC, Case No. G063483 (4th Dist., Div. 3 July 3, 2024) (unpublished), an arbitrator awarded an employee $4,000 on a Labor Code failure to issue accurate itemized wage statements, after denying several other Labor Code claims,

Allocation, Deadlines, Family Law: $72,776.25 Appellate Fee Award To Ex-Husband For Ex-Wife’s Breach Of Fiduciary Duties Affirmed On Appeal, Although Husband Lost Section 271 Sanction Request

Cases: Allocation, Cases: Deadlines, Cases: Family Law

Lower Court Impliedly Extended The Fee Filing Deadline, With The Failure To File An Income/Expense Statement Found Nonprejudicial In Nature.                Bryan v. Bryan, Case No. E080311 (4th Dist., Div. 2 July 1, 2024) (unpublished) is a case where ex-husband was awarded $72,776.25 in appellate fees (out of a requested $90,000) for winning an appeal

Special Fee Shifting Statutes: Denial Of DVRO Resulted In Adverse Fee/Cost Award Of $24,777.38 Against Unsuccessful Petitioning Party

Cases: Special Fee Shifting Statutes

Failure To Oppose The Fee Motion Was Fatal.                A party prevailing in a domestic violence restraining order (DVRO) can obtain attorney’s fees and costs.  Ex-girlfriend lost a DVRO petition, with the lower court awarding ex-boyfriend $24,777.38 in attorney’s fees and costs.  The appellate court affirmed the awards in Gikkas v. Stern, Case No. A168298

Employment: Partially Dismissed/Frivolous Claims For Unpaid Commissions Under Labor Code Resulted In Substantial Adverse Fee And Cost Awards Against Plaintiff

Cases: Employment

$245,531 Was The Fee Award And $8,489.76 Was The Cost Award.                In Doustkam v. Sage, Case No. B321390 et al. (2d Dist., Div. 2 July 1, 2024) (unpublished), plaintiff claimed $747,000 in unpaid commissions under the Labor Code, dismissing some claims and losing other claims because of a lack of evidentiary support.  The trial

Arbitration: Where Costs-Shifting Component Only In Employer-Employee Arbitration Agreement Was Unconscionable, It Should Be Severed

Cases: Arbitration

Denial Of Motion To Compel Arbitration Was Reversed.                In Helfet v. Motive Energy, Inc., Case No. B331359 (2d Dist., Div. 1 July 1, 2024) (unpublished), the appellate court reversed the denial of a motion to compel arbitration under an employer-employee contractual provision because the only unconscionable provision, an improper cost-shifting provision, could be severed

Intellectual Property: District Judge Properly Denied Fees To Prevailing Party In Trademark Infringement Action

Cases: Intellectual Property

Trademark Did Not Arise Under The Contract Or Involve Exceptional Circumstances Under The Lanham Act.                Plaintiff lost a trademark infringement suit against a defendant alleging use of a different mark than defendant’s trademark use.  There was a contractual fees clause under a partnership agreement involving uses of marks different than the one involved in

Arbitration: 1/1 DCA Agrees That 30-Day Employer Arbitration Payment Deadline Is Not Preempted By The FAA

Cases: Arbitration

Split Is Now Present Between The Intermediate Appellate Courts On This Issue.                 In Keeton v. Tesla, Inc., Case No. A166690 (1st Dist., Div. 1 June 26, 2024) (published), the 1/1 DCA considered whether CCP § 1281.98(a)(1), the 30-day window for employers to pay arbitration expenses, is preempted by the Federal Arbitration Act (FAA).  After

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