Author name: Marc Alexander

Fee Clause Interpretation/Prevailing Party: Plaintiff Winning $25,522.38 Contractual/Noncontract Claim Dispute With Fees Clause Reaps $55,911 In Fees/Costs

Cases: Fee Clause Interpretation, Cases: Prevailing Party

  Failure to Provide Reporter’s Transcript Forfeited Challenge, But Fee Clause Was Broad Enough To Encompass Contract/Noncontract Claims.     Plaintiff agreed to install electrical distribution service to defendant’s winery facility, with plaintiff suing on both contract/noncontract claims for defendant’s alleged failure to pay.  Plaintiff sought $43,000 on his claims, while the defense argued only $18,000 […]

Class Action: N.D. California District Judge Denies Approval Of Nissan Braking Class Action Settlement Based Primarily On Huge Payout Of Funds To Class Counsel

Cases: Class Actions

Fees Too Disproportionate Where Class Counsel Would Obtain Fee Recovery Of $3.45 Million Versus $278,056 In Distributions To Class Members Based On Low Claim Submission Rate.     In Banks v. Nissan North America, Case No. 11-cv-2022-PJH (N.D. Cal. Doc. 203 Nov. 30, 2015), the parties had reached a tentative settlement in a class action involving

Prevailing Party: Real Estate Sales Agent Losing Commission Dispute Was Subject To Fee Recovery Under Contract Clause

Cases: Prevailing Party

  Affirmance of Commission Merits Dispute Meant Fee Award Sustained Against Real Estate Agent.      In Aliev v. Courtney, Case No. D064239 (4th Dist., Div. 1 Nov. 24, 2015) (unpublished), plaintiff real estate purchaser challenged a commission paid to defendant salesperson, who eventually had to admit on appeal that neither he nor the brokerage company

Section 998: 998 Offer Was Not In Bad Faith When Costs Were Offered To Be Waived In Case Where Defense Denied Liability Throughout

Cases: Section 998

  Even a Modest 998 Offer Is Sustainable If Defense Is Strong.      Welch v. Kemp, Case No. H041311 (6th Dist. Nov. 23, 2015) (unpublished) is a situation where a defendant attorney won a legal malpractice action against plaintiff ex-client, after having denied liability throughout the case and after plaintiff rejected a 998 offer to

Class Action, Common Fund, and Lodestar: Court Of Appeal Affirms Judgment Awarding Plaintiffs’ Attorneys 37.5 Percent Of Settlement Fund

Cases: Class Actions, Cases: Common Fund, Cases: Lodestar

  High Percentage Of Common Fund That Is Much Lower Than Lodestar Is Reasonable Way To Calculate Fee Award In Class Action.      A fee award to plaintiffs’ attorneys of 37.5% of the settlement fund may seem generous.  Indeed, it seemed too generous to objectors in Roos v. Honeywell International and Rogers, A142156 (1/1 Nov.

SLAPP: Tenant Is Slapped For Bringing Frivolous Anti-SLAPP Motion, And Landlord is Slapped For Seeking Unreasonable Appellate Sanctions

Cases: SLAPP

Scenario Involves Tenant Suing Landlord, Landlord Filing Unlawful Detainer Action, And Tenant Filing Anti-SLAPP Motion.      We are not going to even try to guess who feels better – or worse – about the outcome of the appeal in Olive Properties v. Coolwaters Enterprises, Inc., B261105 (2/3 Oct. 30, 2015) (Edmon, Aldrich, Jones) (published).  The

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