Author name: Marc Alexander

Consumer Statutes/Deeds Of Trust: Where Borrower Was Granted Erroneous TRO Under Homeowner Bill Of Rights, $14,000 Fee Award Under Bill Of Rights Went POOF!

Cases: Consumer Statutes, Cases: Deeds of Trust, Cases: POOF!

  Predicate for Fee Entitlement Evaporated.      In our June 14, 2015 post, we discussed the Third District’s decision in Monterossa v. Superior Court, 237 Cal.App.4th 747, 754 (2015), which decided that attorney’s fees were properly awarded to a borrower obtaining a preliminary injunction against lender “dual tracking” under Civil Code section 2924.12(i) (the Homeowner […]

Class Action/Substantiation Of Reasonableness Of Fees: Class Counsel’s $2.3 Million Fee Award Reversed, With Class Counsel Ordered To Produce Redacted Timesheets To Defense For Review At District Court Level

Cases: Class Actions, Cases: Substantiation of Reasonableness of Fees

  District Judge Erred In Basing Fee Award Upon Only In Camera Review Of Timesheets Never Provided To The Defense.     Although occurring in a class action setting, this next case may have broader due process implications for cases in other areas of the law.  Time will tell on this prediction.     In Yamada v.

Family Law: Ex-Husband’s Second Pendente Lite Fee Request For Appeal Work And For Civil Lawsuit Expenses In Ex-Wife’s Parent Suit Properly Denied

Cases: Family Law

  Husband Already Got Nice First Pendente Lite Award And Trial Court Did Not Abuse Its Discretion In Concluding Parent Lawsuit Was Not “Related” To Family Law Proceeding.     Going to the well too often can have consequences, as the fourth appeal in Sweeney v. Evilsizor, Case No. A144781 (1st Dist., Div. 1 Apr. 19,

Intervenors: CPUC Did Not Err In Determining Two Intervenors Were Eligible For Intervenor Compensation Eligibility, But Remanded To Make Sure Its Reasoning Was Proper

Cases: Intervenors

  Public Utility Code Section 1803 Was Involved, With Appellate Court Determining Its Scope.     In New Cingular Wireless PCS, LLC v. Public Utilities Comm. of California, Case No. A144005 (1st Dist., Div. 4 Apr. 19, 2016) (published), the Public Utilities Commission of California (CPUC) awarded fees and costs to two intervenors under Public Utility

Homeowner Association/Prevailing Party: $101,803.15 To Prevailing HOA Affirmed On Appeal Where Lower Court Found HOA Could Fine For Short-Term Vacation Rental Activities But Awarded Fairly Small Fines

Cases: Homeowner Associations, Cases: Prevailing Party

  Prevailing Party Under Davis-Stirling Act Is A Pragmatic Inquiry, With Fees Mandatory If Prevailing Status Is Properly Made.     Almanor Lakeside Villas Owners Assn. v. Carson, Case No. H041030 (6th Dist. Apr. 19, 2016) (published) involves a $101,803.15 fees/costs award to a prevailing homeowner association against homeowners who were found to have violated short-term

Probate: Probate Order Dividing Community Property To Pay For Conservatorship Fees, Inclusive Of Attorney’s Fees, Was Legally Erroneous Under Probate Code Section 3089

Cases: Probate

  Section 3089 Deals With Conservatee Support and Maintenance, While Sections 2640 and 2647 Concern Conservatorship Fee Compensation.      In Conservatorship of Bower, Case No. G050468 (4th Dist., Div. 3 Apr. 15, 2016) (unpublished), our local Fourth District, Division 3, courtesy of authoring Justice Bedsworth on behalf of a 3-0 panel, dealt with a probate

In The News . . . . Robin Thicke And Pharrell Williams Officially Dodge Attorney’s Fees Exposure In Marvin Gaye Copyright Infringement Suit

Cases: Intellectual Property, In The News

  However, They Were Ordered To Pay 65% Of Certain Litigation Expenses.     On March 19, 2016, we posted on U.S. District Judge John A. Kronstadt’s tentative decision to deny fees to Marvin Gaye’s estate in a copyright infringement case in which Robin Thicke and Pharrell Williams were found to have infringed on one of

Prevailing Party/Section 1717: Defendant Prevailing On Tort Claims After Voluntary State Court Dismissal Entitled To $124,113 In Attorney’s Fees From Dismissing Plaintiffs

Cases: Prevailing Party, Cases: Section 1717

  Court Did Not Have To Resolve Split in Appellate Authority On Whether Financial Condition Is Considered For “Reasonable Fee” Purposes, Because No Financial Evidence Was Presented Before The Trial Court.     McNeil v. Symmetricom, Inc., Case No. H041067 (6th Dist. Apr. 12, 2016) (unpublished) involved a situation where plaintiffs dismissing a state court action

In The News/Civil Rights . . . . Bikram Choudhury Ordered To Pay $1.1 Million Fees After Losing Sexual Harassment Suit Against Ex-Legal Advisor

Cases: Civil Rights, In The News

  Requested Amount By Plaintiff’s Attorney Was $2.9 Million.     On April 8, 2016, Los Angeles County Superior Court Judge Mark Mooney determined that Bikram Choudhury, a well known yoga pioneer, owed $1.1 million in attorney’s fees after a jury found that he was liable for $7.4 million on claims he wrongfully terminated and sexually

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