Author name: Marc Alexander

Allocation/Fee Clause Interpretation: Losing Plaintiff In Integrated Contractual Relationship With Broad Fees Clause Rightly Hit With Contractual Fee Exposure

Cases: Allocation, Cases: Fee Clause Interpretation

  Allocation Between Defendants Was Not Necessary Where The Work Was Intertwined.      In Fleming v. Peloquin, Case No. E063069 (4th Dist., Div. 2 May 6, 2016) (unpublished), plaintiff investor in an LLC venture gone bad sued other parties who were either members or parties with involvement pursuant to both an Operating Agreement (where there […]

Indemnity (Governmental): Complaint Allegations Of Employee’s Actions Are Not Determinative Of Whether Employee Acted Outside Of Employment Scope For Reimbursement Of Defense Costs

Cases: Indemnity

  Government Code Section 996.4 Involved, With Employee Entitled To Introduce Evidence To Rebut “Outside The Scope” Defense By Government.      Public employees are entitled to be defended and indemnified for third party claims arising within the scope of their employment. The governmental employer has a choice: provide a defense/pay any claim or judgment against

Mandatory Fee Arbitration In California: Two New Advisory Opinions

Cases: Arbitration

       On March 25, 2016, the Committee on Mandatory Fee Arbitration released two new Advisories that impact attorney’s fees issues:  (1)  “Statute of Limitations For Fee Arbitrations”; (2) “Analysis Of Potential Bill Padding And Other Billing Issues”.  For more information, link to co-contributor Marc’s post today about the two Advisories on California Mediation and

Assignment: Recent DCA Decision Reminds Us That Assignees Impliedly Accept Benefits/Burden Of Transaction With Fees Clause—Including Fee Exposure

Cases: Assignment

  Plus, Great Quote On Appellate Advocacy … Ostrich Beware!    Oliver W., the famous trotting ostrich.  Circa 1903.  Library of Congress.      Although involving interesting amended judgment and litigation successor issues, Hearn Pacific Corp. v. Second Generation Roofing, Inc., Case No. A142203 (1st Dist., Div. 2 May 2, 2016) (published) reminds everyone that that

Appealability/Costs: Although Appeal From Judgment Did Allow For Appellate Jurisdiction Of Postjudgment Costs Ruling, Trial Judge Did Not Err By Awarding Prevailing Defendant Costs Of Deposition Before Ruling On Demurrer

Cases: Appealability, Cases: Costs

  Deposition Costs Were Reasonable Under The Circumstances.     In Estate of Gasper, Case No. A142068 (1st Dist., Div. 1 Apr. 28, 2016) (unpublished), an attorney handling the closing of a probate estate sued the title company for improperly closing escrow on a piece of real estate and causing him to incur fees/expenses in cleaning

Class Action Two-Fer: Class Counsel Fee Recovery Affirmed In Face Cream Class Action And Plaintiff Class Action Representative Suffers Adverse Fee Award Under The Consumers Legal Remedies Act For Bad Faith Prosecution

Cases: Class Actions, Cases: Consumer Statutes

  #1: Choi v. Mario Badescu Skin Care, Case No. B257480 (2d Dist., Div. 3 Apr. 29, 2016) (Unpublished).      Caption: “Testing cosmetics. Washington D.C. July 10, 1937. The department of Agriculture is making tests everyday in order to get cosmetics under the Pure Food and Drug Act, Mrs. C.W. West seated is helping Mrs.

Section 998/Requests For Admission: 4/3 DCA Affirms Lower Court’s Refusal To Award Prevailing Defendant Expert Witness Fees Or Costs Of Proof Sanctions

Cases: Requests for Admission, Cases: Section 998

  Lots Of Monetary Awards Were Requested By The Defense, But Nixed. Above:  East bound Union Pacific railroad freight train waiting in a siding, Alray, Calif. Coming up through Cajon Pass.  March, 1943.  Jack Delano, photographer.  Library of Congress.      Ammari v. Union Pacific Railroad, Case No. G052290 (4th Dist., Div. 3 Apr. 28, 2016)

Cases Under Review: Sheppard, Mullin Conflict Case Accepted For Review By California Supreme Court

Cases: Cases Under Review

  Case Involved Vacated Arbitration Award To Former Attorneys Based On Violation of CRC 3-310.      On January 30, 2016, we posted on Sheppard, Mullin v. J-M Manufacturing, a Second District published decision (at the time) vacating a $1.3 million attorney’s fees award to former attorneys after an arbitration based on former attorneys’ conflict found

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