Author name: Marc Alexander

Section 1717: Nonprevailing Complainant Not Liable For Fee Exposure Where Party Abandoned Contractual Claim Potentially Giving Rise To Fees Through Filing Of Amended Cross-Complaint

Cases: Section 1717

  Filing Amended Cross-Complaint Deleting Contract Cross-Claim Was Tantamount To A “Dismissal.”     Although the procedural context was somewhat sui generis, a cross-complainant’s abandonment of a contract claim by filing an amended cross-complaint was tantamount to a dismissal so that no Civil Code section 1717 fees were recoverable, per the Santisas [one of our Leading […]

Indemnity: $27,744.51 Fee Award To Implied Indemnitee Is Affirmed By Second District

Cases: Indemnity

Stipulation To Judgment On Indemnity Cross-Complaint “Sealed The Deal.” Arcade Game at 2012 State Fair, Sacramento, California.  Carol M. Highsmith, photographer.  Library of Congress.     Code of Civil Procedure section 1021.6 has a fee-shifting provision which allows a prevailing party on a claim for implied indemnity to recover attorney’s fees if the indemnitee can show

In The News . . . . BigLaw Top Partners Billing Close To $1,500 Per Hour And Orange County Superior Court Judge Linda Marks Tells Newport Beach To Negotiate Fee Award With Prevailing California Public Records Act Plaintiff

In The News

  Some Lawyers May Charge As Much As $2,000/Hour.     Martha Neil, in an ABA Journal online article posted February 8, 2016, reports that some top partners at BigLaw firms are now billing at rates close to $1,500 per hour.  Many of these rates come from large firms billing in high profile Chapter 11 bankruptcy

In The News . . . . ADA Class Action Settlement With City Of Los Angeles Gains Preliminary Approval

Cases: Civil Rights, Cases: Class Actions, In The News

  $1.367 Million Expenditures Over Thirty Years On Public Areas, With $13.3 Million In Fees And $1.7 Million To Class Counsel.     On February 9, 2016, U.S. District Judge Consuelo B. Marshall of the Central District of California gave preliminary approval to a substantial American with Disabilities Act class action settlement by which the City

Family Law: Family Law Judge Improperly Awarded Fees To Ex-Wife’s Husband In Connection With Motion For Settled Statement Under CRC 8.137

Cases: Family Law

  Appellate Court Found Settled Statements Should Be Encouraged, And Fee Award May Have Surrogate For Needs-Based Fees Under The Wrong Rubric.     This one may interest appellate practitioners more than family law practitioners.  California Rules of Court, rule 8.137, actually encourages parties to agree to a settled statement where oral proceedings are not transcribed

Private Attorney General: Intervening Parties Whose Involvement In Suit Did Not Materially Contribute Beyond Public Entity-Affiliated Litigants Denied A Substantial Fee Request Under CCP § 1021.5

Cases: Private Attorney General (CCP 1021.5)

  Fee Request of Over $1.785 Million Denied In Entirety.     For intervening parties in suits with potential fee recovery in CCP § 1021.5 cases, San Diego Municipal Employees Assn. v. City of San Diego, Case No. D066886 (4th Dist., Div. 1 Feb. 9, 2016) (published) is a stark reminder that you must bring something

Arbitration/Discovery/Sanctions: Discovery Sanctions A Little Shy Of $6,500 Affirmed Against Plaintiff For Discovery Disputes Not Arising Out Of An Arbitration

Cases: Arbitration, Cases: Discovery, Cases: Sanctions

  Substantive Claims Were To Be Arbitrated, But Prior Discovery Disputes Before Motion To Compel Granted Remained In Superior Court.      In Vlahopouliotis v. Vallarta Properties, LLC, Case No. G069832 (5th Dist. Feb. 1, 2016) (unpublished), plaintiff did win a motion to compel arbitration of substantive claims under a settlement agreement, but lost preexisting discovery

Prevailing Party/Reasonableness Of Fees/Section 1717: $396,031 Fee Award In Contentious Lease Dispute Affirmed On Appeal

Cases: Prevailing Party, Cases: Reasonableness of Fees

  Party Awarded Fees Prevailed, Plus Block Billing No Obstacle Where Apportionment Not Required.     In Kern Water Bank Authority v. Grayson Service, Inc., Case Nos. F069806/F070549 (5th Dist. Feb. 3, 2016) (unpublished), litigant in a contentious lease dispute recovered $396,031 out of a requested $566,930.  The Court of Appeal affirmed.  It found that the

Costs: Joint Costs Award Of $19,111.80 Affirmed On Appeal

Cases: Costs

  All Of The Losing Parties Unified In Interest.     Maywood Police Officers Assn. v. City of Maywood, Case No. B256417 (2d Dist., Div. 2 Feb. 2, 2016) (unpublished) is a situation where City of Maywood prevailed against individual interests in a united front—a police officers association.  After City prevailed in an action, a trial

Section 1717: $487,329 Attorney’s Fees Award Affirmed Based On Record Failure And Upon One Fees Clause Showing Entitlement

Cases: Section 1717

  Plaintiffs Awarded Fees Had Compensatory Damages Of $252,000 And $558,000 After Factoring In Reversed Prejudgment Interest Awards.     Attorney’s fees awards do not have to be proportionate under Civil Code section 1717.  Park v. Nazari, Case No. B253685 (2d Dist., Div. 3 Feb. 2, 2016) (unpublished) is an apt illustration of this principle.    

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