Author name: Marc Alexander

Cases Under Review, Civil Rights: SCOTUS Will Review Whether Attorney’s Fees Are Available To A Civil Rights Plaintiff Obtaining A Preliminary Injunction Of Significance Before A Conclusive Merits Ruling Was Reached

Cases: Cases Under Review, Cases: Civil Rights

Cert Was Granted On April 22, 2024 In A Fourth Circuit Case.                In Lackey v. Stinnie, 77 F.4th 200 (4th Cir. 2023), the Fourth Circuit Court of Appeal in an en banc opinion held that a civil rights plaintiff winning a preliminary injunction, but not securing a final judgment, might be a prevailing party […]

Tort Of Another: Former Client Not Entitled To Tort Of Another Fees In Case By Former Counsel Which Client Incurred Against Lawyer’s Attempt To Collect/Retain An Unreasonable Fee

Cases: Tort of Another

Case Has A Nice Discussion Of The Law, Showing You Need Some Third Party Litigation Rather Than Just Fees Incurred In Litigating The Action Itself.                In Parrish v. Stoll, Nussbaum & Polakov, Case No. G062005 (4th Dist., Div. 3 Apr. 24, 2024) (unpublished), our local Santa Ana appellate court faced an appeal from a

Appealability, SLAPP: Much Diminished Fee Recovery By Three Defendants Prevailing On SLAPP Motions Affirmed On Appeal

Cases: Appealability, Cases: SLAPP

Plaintiff’s Appeal Of The Later Judgment Incorporating Fees Was Appealable, But Lower Court’s $62,500 Fee Award Was No Abuse Of Discretion.                In Norman v. Ross, Case Nos. B316971 et al. (2d Dist., Div. 4 Apr. 23, 2024) (partially published; fee discussion not published), three defendants won a SLAPP motion on plaintiff’s claims, while two

Eminent Domain, Reasonableness of Fees, Substantiation Of Reasonableness Of Fees: Unreasonable Demands And Lack Of Substantiation Caused A Substantial Fee Request Haircut

Cases: Eminent Domain, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Plaintiff Wanted $1.942 Million; However, Trial Court Properly Awarded Only $360,438.45 In Fees. [U.S. Army induction center, ca. 1942]. Getting haircuts. CA 1942. Library of Congress                This next case illustrates how fee requests need to be reasonable and supported by proper substantiation.  If not, the litigant will get a sizable “haircut,” which is exactly

Private Attorney General: Public Agency Prevailing Against Private Company Not Entitled To CCP § 1021.5 Fees For Succeeding In Groundwater Contamination Case

Cases: Private Attorney General (CCP 1021.5)

Plain Meaning Of Section 1021.5 Supported The District Court’s Denial Of Fees To Plaintiff Agency.                In Santa Clarita Valley Water Agency v. Whittaker Corp., Case No. 22-55727 (9th Cir. Apr. 15, 2024) (published), plaintiff water agency certainly prevailed against defendant company upon various torts and CERCLA based on alleged groundwater contamination.  Agency moved for

Appealability: Plaintiff’s Challenges To Fee Award Were Forfeited Based On Inadequate Record Presentation And Failure To Raise Challenges At Trial Court Level

Cases: Appealability

Two Fundamental Appellate Principles Supported Affirmance Of The Fee Award.                Inadequate record and waiver arguments can really undermine an appellant’s arguments on appeal.  That is what happened in Milks v. Affirmed Technologies, LLC, Case No. B330311 (2d Dist., Div. 3 Apr. 8, 2024) (unpublished).  There, plaintiff challenged a contractual fee award after his case

Construction, Fee Clause Interpretation: Because Surety’s 2010 Contract Had A Fees Clause, It Was Erroneous To Deny Fees Based On A 2015 Contract Having No Such Clause

Cases: Construction, Cases: Fee Clause Interpretation

2015 Contract Necessarily Referenced The 2010 Contract, So Remand Was Necessary To Determine If Fee Allocation Was Necessary And The Reasonableness Of Surety’s Request.                In FEI Enterprises, Inc. v. Massachusetts Bay Ins. Co., Case No. B329502 (2d Dist., Div. 2 Apr. 4, 2024) (unpublished), surety won a summary judgment against its general contractor for

Arbitration: Trial Court Has No Power To Dismiss Claims For Failure To Prosecute When Case Has Been Ordered To Arbitration

Cases: Arbitration

Arbitrator Need To Make Decisions; Party Opposing Arbitration For Lack Of Funds Needs To Make Showing Before Superior Court Or Arbitrator.                In Lew-Williams v. Petrosian, Case No. B330387 (2d Dist., Div. 7 Apr. 2, 2024) (published), a trial court dismissed state law claims for failure to prosecute after the matter was ordered to arbitration

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