Author name: Marc Alexander

Appealability/Retainer Agreements: Attorney Failing To Get Fee-Splitting Written Consents Knocked Out Of The Box

Cases: Appealability, Cases: Retainer Agreements

  No Equitable Exception Applied, Plus Appeal From Post-Trial Motion To Tax Costs Order Could Not Be Entertained By Failure To Specifically Appeal It.     McNulty v. Ottosi, Case No. B264239 (2d Dist., Div. 5 Aug. 11, 2016) (unpublished) has a series of lessons for attorneys entering into fee-splitting arrangements.      Above:  Splitting.  Library of […]

Civil Rights/Reasonableness Of Fees: Trial Court Correctly Awarded $116,925 In Fees Out Of Requested $421,130 In FEHA Age Harassment Win For Plaintiff

Cases: Civil Rights, Cases: Reasonableness of Fees

  Reduction Justified Because Case Was Not Extraordinary.     In Moran v. Forever 21 Logistics, LLC, Case No. B265988 (2d Dist., Div. 5 Aug. 15, 2016) (unpublished), plaintiff won a $199,000 damages award on age harassment/discrimination claims and sought $421,130 in attorney’s fees (inclusive of a 1.5 multiplier) under FEHA’s discretionary fee-shifting statute.  The trial

Class Action/Common Fund: Percentage Fee Approach For Class Fee Recovery Is Reasonable In True Common Fund Cases

Cases: Class Actions, Cases: Common Fund

Lodestar Check Or Other Means Can Be Used To “Cross Check” Reasonableness of Percentage Fee Numbers Chosen By The Trial Judge In Common Fund Cases.      In a much awaited decision, the California Supreme Court in Laffitte v. Robert Half International Inc., Case No. S222996 (Cal. Supreme Court Aug. 11, 2016) gave trial judges considerable

Civil Rights/Section 1717 Two-Fer: Losing Plaintiff Hit With Substantial Fee Award In FEHA Case And Contractual Fee Award Reversed Due To No Contract With A Fees Clause

Cases: Civil Rights, Cases: Section 1717

  Gonzalez v. The Los Angeles Lakers, Case No. B265823 (2d Dist., Div. 4 Aug. 10, 2016) (Unpublished)—Civil Rights      Nothing remarkable in this one, except that plaintiff lost a FEHA case and the appellate court affirmed a lower court’s discretionary award of fees because it deemed the case frivolous/unreasonable in nature. Plaintiff was socked

Homeowner Association: Does An Action To Enforce A Settlement Agreement Out Of A Mandatory HOA ADR Provision Also Enforce CC&R Documents Under The Davis-Stirling Act?

Cases: Homeowner Associations

  You Betcha, Said 4/2 DCA In Recent Opinion Affirming Noncompliance With Settlement Agreement And Fee Recovery Of About $19,000 Against Homeowners.      Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker, Case No. E063272 (4th Dist., Div. 2 Aug. 9, 2016) (published) involved a situation where an HOA and homeowners reached a mediated written settlement

SLAPP: Filing Notice Of Appeal From SLAPP Grant Did Not Prevent Trial Court From Awarding Fees To Successful SLAPP Cross-Defendant

Cases: SLAPP

  $17,124.79 Fee Award Upheld On Appeal.      In Gonzalez v. Burtech Pipeline Incorporated, Case No. E063314 (4th Dist., Div. 2 Aug. 8, 2016) (unpublished), a cross-defendant successfully “SLAPPed” a cross-complaint and also moved for fees, garnering a $17,124.79 fee award. Cross-complainant appealed on the merits (losing) and on the fee award (also losing). Appellant’s

Private Attorney General: $722,000 Fee Award Upheld Where Litigant Successfully Challenged City’s Referral Of Initial Parking Citation Review To Outside Agency

Cases: Private Attorney General (CCP 1021.5)

  Lower Court Fee Award Affirmed, An Award We Reviewed Earlier.      In our March 6, 2015 post, we discussed a private attorney general fee award of a little shy of $722,000 to Mr. Weiss in a case where he successfully challenged the City of Los Angeles’ delegation of initial review of parking citations to

Attorney’s Fees/Celebrities: Company Owned By Aspiring Presidential Candidate Ordered By Florida Judge To Pay $300K In Attorney’s Fees

Cases: Celebrities

An Attorney’s Fees Award Just In Time For Our Political Silly Season.       Somehow we managed to miss this recent attorney’s fee award involving the business of a certain aspiring political candidate, reality show host, and real estate developer.          The Miami Herald reported on July 22, 2016, that a judge in a Miami Dade

In The News . . . . Ninth Circuit Reverses Sanctions Awards Against Attorney For Making Faces In Courtroom And No Attorney’s Fees Assessed Against The Wolfe Trust In Led Zepplin Copyright Infringement Case

Cases: Sanctions, Cases: Special Fee Shifting Statutes, In The News

  Making Faces In Courtroom, Which Were Found Not To Be Made In Bad Faith, Was Not Sanctionable.       Alice S. Kandell, photographer.  May 1971.  Library of Congress.      The Ninth Circuit, in Hernandez (Boothe) v. City of Vancouver, No. 13-35131 (9th Cir. Aug. 9, 2016) (unpublished), reviewed a $145,765.43 sanctions award against a

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