Author name: Marc Alexander

Civil Rights, Multiplier, Reasonableness Of Fees: Multiplier Determination Remanded But Bulk Of Fee Determinations Sustained In Longstanding Civil Rights Case

Cases: Civil Rights, Cases: Multipliers, Cases: Reasonableness of Fees

  Out-of-Town Counsel Use/High Hourly Rates And Positive Multiplier Enhancement Dominate Discussion In Lengthy Unpublished Decision From Riverside DCA.      Although this case should be of interest to civil rights practitioners on the merits (discussing various evidentiary and instructional error issues), Ruelas v. Harper, Case No. E051961 (4th Dist., Div. 2 Oct. 6, 2015) (unpublished) […]

Allocation, Civil Rights, Costs: Apportionment Not Necessary If Claims Inextricably Intertwined And Routine Costs Against Losing Civil Rights Plaintiff Remanded For A Re-Do

Cases: Allocation, Cases: Civil Rights, Cases: Costs

  Painter v. Francis Realty, Inc., Case No. C078106 (3d Dist. Oct. 6, 2015) (Unpublished)—Allocation.      After reversing the fee award and remanding to see if apportionment was required between tort and contract claims under Civil Code section 1717 (with only contract claims compensable under section 1717), the trial judge determined the tort and contract

Fee Clause Interpretation/Section 1717: Fee Recovery Cap In Attorney’s Fees Clause Not Void As Against Section 1717 Policies

Cases: Fee Clause Interpretation, Cases: Section 1717

  $750 Contractual Fee “Cap” Honored In Lease Agreement.   Senators comparing caps.  Library of Congress. 1955.      A trial judge in 511 S. Park View, Inc. v. Tsantis, No. BV031134 (L.A. Superior Court App. Div. Oct. 5, 2015) (published) awarded $12,375 in attorney’s fees to prevailing defendants after an unlawful detainer trial based on

Civil Rights/Reasonableness Of Fees: Ninth Circuit Reverses District Court Award Of Reduced Fees On Numerous Grounds In Civil Asset Forfeiture Reform Act Case

Cases: Civil Rights, Cases: Reasonableness of Fees

  Case Is A Primer On How To Satisfy Lodestar Factor And Fight An Award Reduced By A District Judge, Whether In CAFRA Or Other Cases.      In U.S.A. v. Moser, No. 13-55266 (9th Cir. Oct. 6, 2015) (published), the Ninth Circuit, in a majority decision by Circuit Judge Hurwitz and a concurrence by Circuit

Consumer Statutes/Reasonableness Of Fees: $60,000 Lemon Law Fee Recovery, Out Of Requested $119,862, Affirmed On Appeal.

Cases: Consumer Statutes, Cases: Reasonableness of Fees

  Challenge To Reasonableness Of Hourly Rate And Work Performed Rebuffed.      California’s Song-Beverly Consumer Warranty Act (sometimes dubbed a “lemon law” in car/RV cases) has a fee-shifting provision which requires the trial court to engage in a little bit different analysis, but not really that different under the lodestar method: determine the actual time

Costs/Sanctions: Plaintiff Prevailing Party Improperly Denied Post-Judgment Costs And Hit With $7,500 Sanctions Under CCP § 128.7

Cases: Costs, Cases: Sanctions

  Problem With Lower Court Ruling Was Relying On Time Deadlines And Analysis For Pre-judgment Costs.      In Zakarian v. Salumbides, Case No. B255237 (2d Dist., Div. 5 Oct. 2, 2015) (unpublished), the trial court was unhappy with post-judgment costs memoranda presented by the prevailing party, granting defense motions to tax costs (based primarily on

Bankruptcy/Section 1717: Bankruptcy Judge Erroneously Denied Debtor’s Requests For Recovery Of Fees After Defeating Car Lender’s “Hanging Paragraph” Secured Interest Claim In Chapter 13 Plan Confirmation Battle

Cases: Bankruptcy Efforts, Cases: Section 1717

  “Hanging Paragraph” Claim Was “On The Contract” Under A Fees Clause.      In In re Penrod, No. 13-16097 (9th Cir. Oct. 1, 2015) (unpublished), debtor was successful against a car lender in a “hanging paragraph” dispute under 11 U.S.C. § 1325(a)(*) [no typo here – because this subsection was not numbered after (a)(9) by

Deed Of Trust: Borrower Proving Loan Modification Case Entitled To $188,100 Fee Award Under Note/Deed Of Trust Clauses

Cases: Deeds of Trust

  Implied Covenant/Modification Claim Arose Out Of Note And Deed Of Trust.      In Bergman v. JP Morgan Chase Bank, N.A., Case No. E060148 (4th Dist., Div. 2 Sept. 30, 2015) (unpublished), borrower won an implied breach of covenant claim, based on a loan modification, against lender, receiving $250,000 in compensatory damages on this and

Fee Clause Interpretation/Section 1717: Refusal To Award Escrow Holder Fees Under Escrow/Other Transactional Documents Reversed On Appeal

Cases: Fee Clause Interpretation, Cases: Section 1717

  Escrow Holder Entitled to Fee Against Losing Broker.     When it comes to contractual agreements not subject to any extrinsic evidence, appellate courts will construe them independently to see if fee entitlement was either properly granted or denied.  In Nelson v. Peirce, Case No. B250609 (2d Dist., Div. 1 Sept. 29, 2015) (unpublished), the

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