Author name: Marc Alexander

Appellate Fees/Section 1717: Appellant’s Failure To Address Fees/Costs Award Waived Any Challenge, Losing Merits Arguments On Appeal As Well

Cases: Section 1717

  Respondents Entitled To Appellate Fees For Prevailing Again.      In Martin v. Park Sierra Apts., Case Nos. B242464/B244184 (2d Dist., Div. 4 Jan. 22, 2016) (unpublished), defendants won a case involving a lease agreement with a fees clause. Plaintiff appealed the merits decision and substantial fees/costs award of $142,853.25. Both determinations were affirmed on […]

Probate: Megillah Of A Probate Dispute Ends With Fee Award Against Income Beneficiary And Trustee Remanded After Appellate Court Reversed Substantial Portions Of Probate Court Award For Remainder Beneficiary

Cases: Probate

  However, Income Beneficiary Was Assessed With $45,967.53 In Fees In Favor Of Remainder Beneficiary For Filing False Affidavit In Colorado Probate Action.      DeJohn v. Wheeler, Case Nos. A137825/A138421 (1st Dist., Div. 3 Jan. 21, 2016) (unpublished) involved a contentious probate dispute involving an income beneficiary, an independent trustee, and remainder beneficiary, with remainder

Eminent Domain: Fee-Shifting Award In Inverse Condemnation Cases Under CCP § 1036 Cannot Exceed Fees Actually Incurred Via Contingency Agreements With Prosecuting Attorneys

Cases: Eminent Domain

  Salton Bay Marina Found Distinguishable, But Third District Disagrees If Its Reasoning Was Applicable In Determining Fee Award.      The Third District in Pacific Shores Property Owners Assn. v. Dept. of Fish and Wildlife, Case No. C070201 (3d Dist. Jan. 20, 2016) (published) dealt with a situation where plaintiff in an inverse condemnation case

Cases Under Review/Intellectual Property: SCOTUS Will Decide What Standard Applies In Making Award Of Attorney’s Fees Under Copyright Act Section 505

Cases: Cases Under Review, Cases: Intellectual Property

  Certiorari Granted On January 15, 2016 From Second Circuit Denial Of Fees To Prevailing Defendant.      The U.S. Supreme Court, on January 15, 2016, granted certiorari to resolve a split among circuit courts on the proper standard for awarding attorney’s fees under the Copyright Act (17 U.S.C. § 505). The case is Kirtsaeng d/b/a

Allocation, Prevailing Party, Substantiation Of Reasonableness Of Fees: $390,000 Fee Award To Prevailing Defendants, Some Of Whom Were Alleged To Unsuccessfully Be Alter Egos, Is Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

  Fee Substantiation Issues Do Not Preclude An Award Of Fees To Prevailing Parties.     In Asphalt Professionals, Inc. v. Emaron Homes, LLC, Case No. B261674 (2d Dist., Div. 6 Jan. 20, 2016) (unpublished), plaintiff lost a case against certain defendants (some of whom were sued as alter egos) under a construction contract with a

Civil Rights/Costs: Modest $15,000 FEHA Fee Award Against Plaintiff Affirmed, But Adverse Costs Award Remanded For Redetermination Based On Williams Decision

Cases: Civil Rights, Cases: Costs

  Williams Is Found To Be Retroactive To Cases Pending On Appeal.     Plaintiff lost FEHA/non-FEHA claims, both found to be interrelated, through a summary judgment motion.  After that, the trial judge found the case to be meritless, awarding defendants a modest fee award of $15,000 after considering plaintiff’s ability to pay (with the defense

Cases Under Review: SCOTUS Decides That Unaccepted FRCP 68 Offer To Judgment On Named Plaintiff’s Individual Claims Does Not Moot The Individual Plaintiff’s Or Putative Class’s Complaint

Cases: Cases Under Review

  Resulting Article III Controversy Requirement Met Because All Parties Remained Adverse After Offer Not Accepted.     In Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Supreme Court Jan. 20, 2016) (published), SCOTUS decided that an unaccepted F.R.Civ.P. 68 offer to judgment, which would have given complete relief as to the individual plaintiff’s claim, did not

Family Law: Wife’s Attorney’s FLARPL Invalidated For Failure To Include Supporting Documentation About The Marital Home’s Fair Market Value

Cases: Family Law

  Husband Properly Granted Motion To Expunge FLARPL.     Husband, who was granted the marital home as his sole and separate property in a dissolution case, expunged ex-wife’s attorney’s family law attorney’s real property lien (FLARPL) based on attorney’s failure to comply with statutory requirements for FLARPL.  That result was sustained in In re Marriage

POOF!/Prevailing Party: $1.8 Million Interest, Costs, and Fee Award Goes POOF! When Appellate Court Trims Compensatory Award From $1.1 Million To $117,050

Cases: POOF!, Cases: Prevailing Party

  Prevailing Party Status Had To Be Redetermined After Reversal.     Hot Rods, LLC v. Northrop Grumman Systems Corp., Case No. G049953 (4th Dist., Div. 3 Dec. 7, 2015) (published) shows how appellate practice is not for the faint of heart.  The reviewing court will review the case for legal errors and will reverse based

Employment, Lodestar, Multiplier, Record: Plaintiff Employee Obtaining $43,654.50 On Unpaid Commission Claim Awarded $58,341.50 Under Labor Code Fee-Shifting Statute

Cases: Employment, Cases: Lodestar, Cases: Multipliers, Cases: Record

  Plaintiff Requested $212,287.50 (Inclusive Of A 1.5 Multiplier), But Lower Court’s Award Of A Reasonable Lodestar Was No Abuse of Discretion.      Plaintiff employee eventually obtained recovery of $43,654.50 in an unpaid commission dispute even though he at one point was willing to accept $75,000 to settle which included a $30,000 component to reimburse

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