Author name: Marc Alexander

Reasonableness Of Fees: $55,000 Fee Recovery Was Not Exorbitant In Action Where Plaintiff Recovered $47,000 In Compensatory Damages Against Defendant Guarantor

Cases: Reasonableness of Fees

  No Proportionality Required Under Civil Code Section 1717.      In Cannon v. Hohenberg, Case No. H040497 (6th Dist. Oct. 27, 2015) (unpublished), defendant guarantor lost a case to the prevailing plaintiff where a contractual fees clause was involved. The lower court awarded about $55,000 in fees even though plaintiff only recovered $47,000 in compensatory […]

Arbitration, Prevailing Party, Section 1717: Litigant Striking Fee Award From Arbitration Award, Although Losing On The Merits, Was Not Prevailing Party For Fee Recovery Purposes

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

  Striking Fees Was Not Discrete Proceeding Allowing For Recovery.      In Cooper v. Lavely & Singer, Case No. B261936 (2d Dist., Div. 4 Oct. 22, 2015) (unpublished), L&S won the merits of an arbitration case, but Cooper was successful in striking an arbitrator fee award in post-confirmation proceedings although the rest of the merits

Appeal Sanctions/Section 1717: Plaintiff Losing Alter Ego Theory Based On A Promissory Note Hit With Fee Recovery Under Reynolds Metals

Cases: Appeal Sanctions, Cases: Section 1717

  Appellate Court Also Assessed $9,000 Against Appellant For Frivolous Appeal.      Plaintiff sued to collect on a note with a fees clause, alleging that an individual defendant was the alter ego of the entity obligor. However, plaintiff’s case was dismissed for failure to prosecute it. The lower court then awarded fees of $125,000 out

Costs, Prevailing Party, Section 1717, Substantiation: $107,450 Fee And $22,318.45 Cost Awards In Favor Of Prevailing Plaintiff In Rescission Suit Affirmed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Routine Costs Do Include Privately Retained Reporters Who Transcribe Court Hearings.      In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a

Homeowner Associations/Reasonableness Of Fees/Section 1717: Prevailing Defendants Get $525 In Fees, Not The Requested $675,000

Cases: Homeowner Associations, Cases: Reasonableness of Fees

  Appellate Court Found No Basis Under HOA Or Section 1717, But Did Affirm The Small Award Not Challenged By The Other Side—Chastising Defendants For Their Realistic Assessment This Was A Small Claims Matter Undeserving Of Large Fees, But Then Requesting $675,000.      We have to say that our California intermediate appellate courts get interesting

Family Law: Attorney’s Fees Provision In Settlement Agreement Trumped Attempt To Obtain Family Code Section 271 Sanctions

Cases: Family Law

  Parties’ Bargain Prevailed, With Fees Only Relating To Litigation To Two Specific Motions—Sweeping Away Prior Sanctions Awards.      Family law practitioners should read In re Marriage of Reed, Case Nos. B253728/B255233 (2d Dist., Div. 7 Oct. 21, 2015) (unpublished). Briefly summarized, it held that a specific settlement agreement clause on fee recovery blunted any

Trespass: $1.636 Million In Fee Recovery Under CCP § 1021.9 Remanded After $500,000 Out Of $1.82 Million Compensatory Verdict Reversed

Cases: Trespass

  Land Under Cultivation Trespass Fee-Shifting Statute Involved.      Rathje v. Southern California Edison Co., Case No. B250166 (2d Dist., Div. 6 Oct. 21, 2015) (unpublished) is an interesting case involving nuisance, trespass by fire, and other claims arising when a lavender crop was destroyed when utility lines overhead struck one another from Santa Ana

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