Author name: Marc Alexander

Fee Clause Interpretation/Section 1717: Nonsignatory Defendant Granted Vacation Of Default Judgment 22 Years Later Not Entitled To Fee Recovery Under Contractual Clauses Of Purchase Agreement And Promissory Note

Cases: Fee Clause Interpretation, Cases: Section 1717

  Court Of Appeal Determines Neither Narrow Clauses Nor Tort Claims Triggered Fee Entitlement.     In the area of fee recovery, a claimant must show fee entitlement, which generally focuses on a precise analysis of the fee clause wording and the claims upon which fees are sought.  The 2/1 DCA decided that a nonsignatory defendant […]

Arbitration: Arbitrator’s Refusal To Award Fees To Prevailing Party, Where Prevailing Party Did Not Move To Correct Or Appeal Court Determination Not Awarding Fees, Affirmed On Appeal

Cases: Arbitration

  Trial Judge Properly Concluded She Did Not Have Jurisdiction To Award Fees Under Unique Circumstances.     In a case where the arbitrator and court tossed an attorney’s fees request like a “hot potato,” the prevailing party eventually lost a challenge to obtain fees for not trying to get before the arbitrator or appealing the

Special Fee Shifting Statutes: District Judge Properly Denies California Public Records Act Fees Against Plaintiff Voluntarily Dismissing Claim In Short Order

Cases: Special Fee Shifting Statutes

  “Clearly Frivolous” Means Without Any Merit Or Prosecuted For Improper Motive.     The Ninth Circuit, in M.D. v. Newport-Mesa Unified School Dist., Case Nos. 14-56443/14-56459 (9th Cir. Oct. 19, 2016) (published), affirmed a district judge’s denial of an attorney’s fees request against a plaintiff prosecuting a California Public Records Act (CPRA) request where plaintiff

Family Law: Surgeon Doctor Husband Properly Assessed With Needs-Based Fees Awarded To Stay At Home Wife

Cases: Family Law

Above:  Surgeon operating on wounded prisoner.  c1903.  Library of Congress. $400 Hourly Rate Reasonable For Divorce Attorney In L.A. Case.     Ex-husband, an orthopedic surgeon who lost his job but became reemployed, was ordered to pay $15,000 in needs-based attorneys fees under Family Code sections 2030/2032 to his ex-wife, who was unemployed and a stay

Deadlines: CRC 3.1702(d) “Good Cause” Basis To Extend Attorney’s Motion Deadline Is Flexible In Nature

Cases: Deadlines

  CCP § 473(b) Standards Are Not Ones To Be Engrafted Into Rule 3.1702(d).     Photographer:  William Grimes at English Wikipedia.  2006.      In Robinson v. U-Haul Co. of CA, Case Nos. A141396/A145828 (1st Dist., Div. 4 Oct. 18, 2016) (published), former U-Haul independent dealer won a non-compete, unfair competition law (UCL), and malicious prosecution

Employment/Reasonableness Of Fees: FEHA/Labor Plaintiff Winning Only $9,648, But Requesting Fee Recovery Of $276,684, Correctly Awarded Zilch—Nada

Cases: Employment, Cases: Reasonableness of Fees

  Plaintiff Asked Jury For $322,551 In Damages; Chavez Found Controlling.     Inflated or excessive fee requests provide an opportunity for a trial judge to deny the request altogether or make substantial reductions.  Unfortunately for a marginally winning plaintiff below, the former—the zilch/nada—option was seized by the trial judge and affirmed by the appellate court

Special Fee Shifting Statutes: Mootness Of Dispute And Lack Of Document Withholding Improperly Led To Denial Of Fee Request Under California Public Records Act

Cases: Special Fee Shifting Statutes

  However, Police Department CPRA Policies May Be Fertile Grounds For Litigation.     In Nelson v. City of San Diego, Case No. D069118 (4th Dist., Div. 1 Oct. 17, 2016) (unpublished), a plaintiff sought fees under the California Public Records Act, Gov. Code, § 6250 et seq., as the prevailing party in a writ proceeding

Sanctions: Defense Motion To Vacate Sanctions After Plaintiff’s Voluntarily Dismissal Was Not Cognizable

Cases: Sanctions

  Lower Court Lacked Jurisdiction To Consider Motion Post-Dismissal.     Timing is everything, as illustrated in the sanctions area by Cerna v. Molina, Case No. B265272 (2d Dist., Div. 7 Oct. 17, 2016) (unpublished).     There, defendants and their attorney were monetarily sanctioned in connection with certain discovery motions.  Plaintiff voluntarily dismissed the action.  However,

Costs: Local Deposition Parking, Mileage, and Hotel Charges Are Allowable Under California’s Routine Costs Statutes

Cases: Costs

  Messenger And Rush Charges Also Are Compensable.     For prevailing parties, routine costs awardable are codified in Code of Civil Procedure sections 1032 – 1033.5.  Except for costs expressly not allowed under section 1033.5(b), the lower court has discretion to allow other costs – even if not expressly allowable under section 1033.5(a) – if

Requests For Admission: Plaintiff’s Denial Of Two Material Requests For Admissions Justified Costs Of Proof Sanctions After Defendant Proved Facts In Summary Judgment Proceeding

Cases: Requests for Admission

  $2,890 In Costs Of Proof Sanctions Affirmed On Appeal.     We have blogged quite a bit on costs of proof sanctions under Code of Civil Procedure section 2033.420, with cases collected on our home page under the category “Requests For Admission.”  Most involve situations where facts were proved contrary to RFA denials at an

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