Author name: Marc Alexander

Private Attorney General/Special Fee Shifting Statutes: Lower Court Abused Its Discretion In Not Applying Correct Legal Standards In Tax Reassessment Dispute

Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

  Remanded For A “Re-Look” Of Fee Denial On Two Grounds.   Ox as “ye oppressed tax-payer” pulling cart of municipal, county, poor, state, courthouse, road, school, and local taxes. George Yost Coffin, creator. 1880-1900. Library of Congress.     Although involving a somewhat complicated probate partnership reassessment dispute where the public agency found the tax appeal […]

Bankruptcy/Special Fee Shifting Statute: Fifth Circuit Court Of Appeals Affirms Almost $16 Million Criminal Restitution Order To GECC For Legal, Expert, And Consulting Fees In Bankruptcy Fraud Proceedings

Cases: Bankruptcy Efforts, Cases: Special Fee Shifting Statutes

  Basis For Order Was The Mandatory Victims Restitution Act.       Although not a California case, USA v. Lagos, No. 16-20146 (5th Cir. Mar. 23, 2017 revised) (published) was interesting for purposes of illustrating that significant attorney’s fees and related costs can be awarded as part of restitution entered in criminal cases. Lagos involved a

Prevailing Party/Section 1717: California Supreme Court Affirms That Party Losing Forum Selection Clause Transfer, But Refiling In Different Jurisdiction, Is Not Subject To 1717 Fee Recovery

Cases: Prevailing Party, Cases: Section 1717

  Refiling The Case In A Different Jurisdiction Was The Key Distinction.       In DisputeSuite.com, LLC v. Scoreinc.com, Case No. S226652 (Cal. Supreme Court Apr. 6, 2017) (published), our state supreme court faced the issue of whether fee recovery under Civil Code section 1717 was properly denied against a litigant obtaining a dismissal of an

Private Attorney General: With Justices On His Side, Retired DCA Justice Mallano Recovers $659,756 In 1021.5 Fees In Judicial Retirement Formula Dispute

Cases: Private Attorney General (CCP 1021.5)

  Substantial Benefit And Financial Burden Elements Easily Met. Women with ukuleles. July 9, 1926. Library of Congress.     Well, we wish Retired Justice Robert Mallano the best in retirement; and, to show that he is not just playing a ukulele, the 2/2 DCA affirmed the merits and an attorney’s fees award in his favor in

Insurance: Over $1 Million in Brandt Fees Affirmed On Appeal

Cases: Insurance

    Trial Judge Got Allocation Of Policy Benefit-Oriented Fees Right.         Saddleback Inn, LLC v. Certain Underwriters of Lloyd’s London, Case No. G051121 (4th Dist., Div. 3 Mar. 30, 2017) (unpublished) involved an insured which was awarded $2.8 million against an insurer based on a policy reformation as well as $50,000 in punitive

Prevailing Party: Trial Judge’s Decision To Award No Fees–Here Results Were Mixed–Was No Problem

Cases: Prevailing Party

  Alter Ego Allegations Likely Drove The Result Here.       In Dominski v. Lazar, Case No. B268187 (2d Dist., Div. 5 Mar. 29, 2017) (unpublished), which involved a custom home construction dispute, homeowners did prevail against the construction company but did not prevail against the construction company principal despite alter ego allegations which did not

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