Author name: Marc Alexander

December 17, 2015 Unpublished Fee Decisions—Three Reversals, Two Affirmances On Variety Of Issues

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs, Cases: Family Law, Cases: Settlement

  Allocation—Artefex LP v. Bushman, Case No. B260737 (2d Dist., Div. 6 Dec. 17, 2015) (Unpublished).     In this one, plaintiffs won $15,000 on a contract breach claim after voluntarily dismissing tort claims, with the trial judge then awarding $191,256 in fees and $11,778.37 in costs based on a fees clause.  The 2/6 DCA reversed […]

Deadlines: Lemon Law Plaintiff Obtaining Eventual Fee Recovery Loses It For Failing To Meet Three Sets of Deadlines

Cases: Deadlines

  Procedural Requirements Do Matter In Cases.     c1902.  Library of Congress.     Campbell v. Hyundai Motor America, Case No. B260298 (2d Dist., Div. 7 Dec. 16, 2015) (unpublished) is a triple whammy and shows why meeting procedural filing deadlines can be result dispositive in many matters.     Briefly told, plaintiff dismissed a lemon law

SLAPP: Trial Court Used Improper Legal Standards In Denying Cross-Defendants’ Successful Striking Of One Cross-Claim

Cases: SLAPP

  Significance/Practical Benefit Were The Factors, Not Complexity Of And Good Faith In Bringing Stricken Cross-Claim.     Plaintiff/cross-defendant, as a cross-defendant, was successful in striking one out of three cross-claims on a SLAPP motion, moving to recoup attorney’s fees/costs for the win.  The trial court denied the motion after determining that the situation was complex

Ethics: Attorneys Cannot Sue Current Client For Collection Of Fees Even If Client Waives Conflict With Advice From Independent Counsel

Cases: Ethics

  Fourth District, Division 3 Decides Conflict Unwaivable and Disqualification Order Sustained Under Inherent Authority Of Trial Court.     This next one, Abedi v. Sheikhpour, Case Nos. G050361/G050362 (4th Dist., Div. 3 Dec. 16, 2015) (unpublished), is a wild case producing an interesting 3-0 decision by Acting Presiding Justice Bedsworth.     The appellate court sustained

Appeal Sanctions/Judgment Enforcement: $14,850 Fee Award For Failing To File Judgment Satisfaction Sustained On Appeal

Cases: Appeal Sanctions, Cases: Judgment Enforcement

  Respondents Were Able To Supplement Lack Of Reporter’s Transcript Of Hearing Through CCP § 909; Appeal Sanctions Request By Respondents Denied.     Respondents judgment debtors were awarded $14,850 in fees for their opponents’ failure to file a judgment satisfaction, with there being a fee entitlement basis through a mandatory fee-shifting statute for such a

Civil Rights: $870,720.63 Fee Award To Winning FEHA Plaintiff Affirmed On Appeal Where $749,999 In Compensatory Damages Awarded By Jury

Cases: Civil Rights, Cases: Multipliers

  1.25 Multiplier Sustained; Reversal of One Intertwined Retaliation Claim Did Not Require Reconsideration Of Fee Award. William A. Offutt, winner of adding machine operators contest, 1937.  Library of Congress.     In Warehime v. Farmers Ins. Exchange, Case No. F068843 (5th Dist. Dec. 15, 2015) (unpublished), plaintiff brought a four-count FEHA inspired suit against Farmers,

In The News . . . . Lead Plaintiffs’ Attorneys Receive Close To $12 Million In Student Athlete Likeness Class Action Against Electronic Arts and NCAA

Cases: Multipliers, In The News

                         Dartmouth Football Team, 1901. 1.7 Multiplier Awarded By N.D. Cal. District Judge.       On December 10, 2015, U.S. District Judge Claudia Wilkens of the Northern District of California awarded lead plaintiffs’ counsel almost $12 million in fees for work leading to the settlements in a class action case brought by student athletes

SLAPP: Attorney’s Fees Award To Winning SLAPP Defendant Was No Abuse Of Discretion

Cases: SLAPP

  $13,799 Award Out Of Requested $22,431–No Problem!     Plaintiff lost a SLAPP motion in a malicious prosecution-dominated suit, with the trial court awarding defendant $13,799 in attorney’s fees (out of a requested $22,431).  Plaintiff appealed both the merits and attorney’s fees award in Drumea v. 1300 N. Curson Investors LLC, Case Nos. B259733/B261353 (2d

Costs: $368,033.56 Judgment Involving Substantial Costs Was Renewed Despite Dispute Over Service Of Costs Judgment Years Earlier

Cases: Costs

No Substantial Irregularity Found By Appellate Court.     In Slesinger Inc. v. The Walt Disney Company, Case No. B259686 (2d Dist., Div. 4 Dec. 4, 2015) (unpublished), plaintiff’s case was dismissed based on a terminating sanction for using a private investigator to obtain confidential defense documents from a dumpster at a facility operated by Disney’s

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