Author name: Marc Alexander

Employment: Plaintiff Employee Not Prevailing Against One Defendant, Found Not To Be An Employer, Erroneously Hit With $29,295 In Fees Under Labor Code Section 218.5

Cases: Employment

  Appellate Court Determines No Statutory Basis For Fees, That Waiting Time Penalty Loss Did Not Give Rise To Fees Under Section 218.5.     In Ramos v. Garcia, Case No. D068500 (4th Dist., Div. 1 June 28, 2016) (published), plaintiff employee obtained some monetary relief against two defendants, but did not prevail against another defendant […]

Class Action: $864,342 Fee Award In Healing Cream Consumer Class Action Affirmed As Reasonable In Coupon Settlement Valued At A Total $2.4 Million

Cases: Class Actions

  72% Of Fee Request Approved Under Clear Sailing Provision.     In Choi v. Restaino, Case No. B257480 (2d Dist., Div. 3 June 21, 2016) (partially published; fee discussion unpublished), a class of healing cream purchasers sued defendant under the Consumer Legal Remedies Act, among other claims, based on overpaying for creams based on inadequate

Class Action/Costs: 25% Allocated Routine Costs Award To Partially Prevailing Class Representative Plaintiff Affirmed On Appeal

Cases: Class Actions, Cases: Costs

  Both Sides Appealed, But No Difference.     In Kirk v. First American Title Co., Case No. B257508 (2d Dist., Div. 5 June 22, 2016) (unpublished), plaintiff class representative lost a majority of claims involving title charges, but did win one Insurance Code violation.  The lower court awarded costs to plaintiff under the routine costs

Private Attorney General: $134,417 Fee Award In Favor Of Exotic Animal Nonprofit For Denial Of Breeding Zoo Waiver Affirmed On Appeal

Cases: Private Attorney General (CCP 1021.5)

  Both Sides Appealed, But Lower Court Award Affirmed.     Above:  Col. Roosevelt, Tarlton, and the big lion. Photographer:  Kermit Roosevelt.  c1919.  Library of Congress.      Exotic Feline Breeding Compound v. Dept. of Fish and Wildlife, Case No. F070449 (5th Dist. June 22, 2016) (unpublished) involved the Department of Fish and Wildlife’s appeal of a

Fee Clause Interpretation, Reasonableness Of Fees, Section 1717: $239K Fee Recovery Under Broad Contractual Fees Clause Sustained, Except For $4.4K Modification Beyond Prevailing Party’s Request Which Was Deleted On Appeal

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717

  Technical Challenges To Fee Award Did Not Work.     In Vilela v. Rodriguez, Case No. B262442 (2d Dist., Div. 6 June 22, 2016) (unpublished), plaintiff lost a case against various defendants on both torts and a declaratory relief count, with a fees clause in a subscription agreement broadly covering fees “in defending against an

Probate: Attorney Drafter Of Will/Living Trust Subject Of Undue Influence/Fraud Presumption Liable For $1,256,971 In Fees Under Probate Code Section 21380(d) And Denied Attorney’s Fees Based On Unclean Hands

Cases: Probate

  Case Involved Renowned Interior Designer John Patton.     This next case involved John Patton, a renowned interior designer, who fell on bad times before he died:  according to his housekeeper, he was drunk more than sober during the last sixth months of his life, howled like a dog, and fell down so as to

Family Law: Husband’s Prior Appeal Of Disso Judgment Did Not Prevent Subsequent Needs-Based Award Under Family Code Sections 2030/2032

Cases: Family Law

  Once Jurisdictional Hurdle Was Surmounted, Record Below Justified Lower Court Award.     Georgi-Juarez v. Juarez, Case No. G051351 (4th Dist., Div. 3 June 17, 2016) (unpublished) involved husband’s appeal of a $20,000 “needs-based” award to ex-wife under Family Code section 2030/2032 after husband had appealed the dissolution judgment.  The award was affirmed on appeal.

SLAPP: 569 East County Boulevard Unpublished Decision Now Published

Cases: SLAPP

  Dealt With Fee Award Of $30,752.86 On SLAPP Motion, Although $152,529.15 Requested.     On May 20, 2016, we posted on 569 East County Boulevard LLC v. Backcountry Against the Dump, a Fourth District, Division One unpublished decision which affirmed a SLAPP fee award in favor of a prevailing defendant, with defendant only obtaining $30,752.86

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