Author name: Marc Alexander

News . . . . LA County Pays Attorneys $59 Million In Fees/Costs In 2014-2015 And Two District Judges Assess “Exceptional” Patent Fee-Shifting Awards Against Unsuccessful Patent Plaintiffs

Cases: Special Fee Shifting Statutes, In The News

  L.A. County Attorney Payment Statistics Are Out For 2014-2015.     For 2014-2015, Los Angeles County paid $59 million for attorney’s fees and costs to both in-house and outside counsel, a 7% increase from the prior year.  For matters going to trial, the County won 64% of the time, although many cases were settled.  The […]

Arbitration/Ethics/POOF!: $1.3 Million Judgment Based On Arbitration Award Goes Away Because Former Attorneys Violated CRPC Rule 3-310

Cases: Arbitration, Cases: Ethics, Cases: POOF!

  Trial Court Approved Arbitration Award Involving Contract Against Public Policy, So Remanded To Determine When Actual Conflict Arose.      Everyone thinks that there is little hope of appealing arbitration awards. However, that is not true where the underlying claim rests on a contract which is illegal or against public policy.      A client’s former

Sanctions: $12,800 Sanction Under CCP § 128.7(b)(2) Reversed Against Plaintiff

Cases: Sanctions

  Given That Plaintiff Was Counsel Represented, This Particular Sanction Cannot Be Issued Against Represented Litigant.      In Dunlap v. The Walt Disney Co., Case No. B261779 (2d Dist., Div. 1 Jan. 29, 2016) (unpublished), authored by Presiding Justice Rothschild for a 3-0 panel, plaintiff—who was represented by counsel—was hit with a sanction of $12,800

Probate: Daughter Not Prevailing On Probate Code Petition For Redress Based On Rejected Creditor’s Claim Properly Assessed With Adverse Fee Award Of $540,418

Cases: Probate

  Probate Code Section 9354(c) Was Proper Fee Entitlement Authority, With Daughter’s Petition Found To Be Objectively Unreasonable By Lower Court.      Do not think for a minute that probate proceedings cannot be time consuming, emotionally exhausting, or financially draining. Adverse fee awards can be substantial and, when there are bases for them and well-reasoned

Employment: Labor Code Fee-Shifting Statute In Effect At Time Of Fee Proceeding, Not Earlier In Case, Determined Defense Fee Entitlement Under Labor Code Section 218.5

Cases: Employment

  State Court Is Different Than Federal On This Issue, Such That Retroactivity Prevailed Here.      USS-POSCO Industries v. Case, Case Nos. A140457/A142145 (1st Dist., Div. 1 Jan. 26, 2016) (published) decided that the fee-shifting statute in effect at the time of the fee motion, which was different than the one at the time the

Appeal Sanctions/Sanctions: Lower Court Sanctions Of $16,648.75 Affirmed, But More Assessed On Appeal

Cases: Appeal Sanctions, Cases: Sanctions

  Another $56,311 In Appellate Sanctions Assessed, Some In Favor Of Opposite Side And Some To the Appellate Court Itself.      Code of Civil Procedure section 128.7 does allow sanctions for frivolous pleadings and other courses of conduct in litigation, including extension to sanctions during appellate proceedings. Bucur v. Ahmad, Case No. D068689 (4th Dist.,

Intellectual Property, Section 998, Section 1717: Prevailing Defendants Properly Denied Fee Recovery, But Improperly Denied Expert Witness Fees

Cases: Intellectual Property, Cases: Section 1717, Cases: Section 998

  No Need to Provide Declarations From Expert Witness Fee In Support Of Expense Request Under CCP § 998.      What happened in Nations Title Co. of Calif. v. Security Union Title Ins. Co, Case Nos. B250490/B253840 (2d Dist., Div. 3 Jan. 25, 2016) (unpublished), was that defendants won a jury verdict on a breach

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