Author name: Marc Alexander

Arbitration/Sanctions: $17,000 Trial Court Sanctions Order Against Defendant Failing To Pay Arbitration Fees Reversed And Remanded

Cases: Arbitration, Cases: Sanctions

  Sanctions Order Did Not Have Adequate Specificity.      Idewu v. Clark, Case No. B266573 (2d Dist., Div. 3 Jan. 24, 2017) (unpublished) is a situation where a trial judge likely was somewhat irked by the conduct of a defendant successfully moving to compel arbitration. After the matter was moved to arbitration, the arbitration proceeded […]

Intellectual Property: $5,213,117.06 In Attorney’s Fees To Winning Defendants In Copyright Infringement Case Affirmed On Appeal

Cases: Intellectual Property

  Defendants Beating Copyright Infringement Actions Also Vindicate Purposes Of The Copyright Act, But Supplemental Fee Request Found Untimely.      In Perfect 10, Inc. v. Giganews, Inc., Case No. 15-55500 (9th Cir. Jan. 23, 2017) (published), defendants won summary judgments in a copyright infringement action involving Usenet, an international collection of organizations and individuals whose

Equity: Trial Court Erred In Not Giving Effect To Plaintiff’s Voluntary Dismissal, But That Did Not Deprive It Of Jurisdiction To Award Discovery Sanctions And Attorney’s Fees

Cases: Equity, Cases: Sanctions

Somewhat Of A Pyrrhic Victory For Plaintiff.     Wilson v. Nationstar Mortgage LLC, Case No. D070965 (4th Dist., Div. 1 Jan. 20, 2017) (unpublished) was somewhat of a pyrrhic victor for plaintiff on appeal. What happened below was that a trial judge erroneously failed to honor plaintiff's dismissal of an action, striking it and then

A Look Back In History To March 4, 1861

In The News

Mr. Lincoln’s Inauguration.   Photograph shows participants and crowd at the first inauguration of President Abraham Lincoln, at the U.S. Capitol, Washington, D.C. Lincoln is standing under the wood canopy, at the front, midway between the left and center posts. His face is in shadow but the white shirt front is visible. (Source: Ostendorf, p.

Mediation: Claimed Prevailing Party Under “Carve Out” Settlement Agreement Trust Dispute Failed To Satisfy Contractual Condition Precedent To Fee Recovery

Cases: Mediation

  Party Failed To Show He Participated In Upfront Good Faith Settlement Discussions Or Mediation After Entry Into The Settlement Agreement.       In Harris v. Bonander, Case No. F071886 (5th Dist. Jan. 19, 2017) (unpublished), a settlement agreement was reached between parties to a trust dispute except for one “carve out” claim, which was litigated

Fee Clause Interpretation: Tenant’s Personal Injury Win Did Not Qualify Her For Attorney’s Fees Recovery Under Rental Agreement Or Community Guidelines Addenda

Cases: Fee Clause Interpretation

  Result Might Have Been Different If Clause Said “Arising Out Of Agreement Or Tenancy.”      Ramos v. Bay Breeze #60 , Case No. D069175 (4th Dist., Div. 1 Jan. 17, 2017) (unpublished) is a good reminder about how the specific wording of a contractual fees clause may be dispositive on whether fee entitlement exists

Appealability: Even Though Case Was Unlimited At One Point, Final Reclassification To Limited Jurisdiction Meant Court Of Appeal Was Without Jurisdiction To Review Fee Award

Cases: Appealability

  Case Transferred To Superior Court Appellate Division For Review.      Stauff v. Hartman, Case No. B266777 (2d Dist., Div. 7 Jan. 17, 2017) (unpublished) is a case starting out in small claims court and then reclassified to an unlimited case based on a cross-complaint and, then after a lot of “litigation dust settled,” reclassified

Prevailing Party/Special Fee Shifting Statute: Plaintiff Was Prevailing Party Under California Public Record Act Proceeding

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Lower Court Erred In Denying Fees/Costs Because PRA Requires Agency To Seek Clarification Of Unclear Request And No Bad Faith Required As PRA Predicate.      In Camou v. Superior Court (City of Montclair), Case No. E066325 (4th Dist., Div. 2 Jan. 13, 2017) (unpublished), the Fourth District, Division 2 issued a Palma-based writ after

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