Author name: Marc Alexander

Private Attorney General: $86,909.34 Fee Award Under CCP § 1021.5 By One Winning Individual In Dispute Against A Losing Individual Affirmed

Cases: Private Attorney General (CCP 1021.5)

  Winner Vindicated Important Right To Initiative Tenets And 1021.5 Fee Award Can Be Made Against Losing Individual Litigant.     In Bogan v. Houlemard (Campbell), Case No. H041246 (6th Dist. Sept. 30, 2015) (unpublished), one individual litigant, who was a proponent for an initiative on the Monterey County ballot, won a defense effort against another […]

Probate, Private Attorney General, Civil Rights, Costs, Discovery Sanctions: Lots Of Topics Covered In Four Unpublished Decisions For September 29, 2015

Cases: Civil Rights, Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Probate

  Chang v. Chang, Case No. G049309 (4th Dist., Div. 3 Sept. 29, 2015) (Unpublished; Ikola, J.).—Probate.     In this and a companion appeal, the appellate court cut some surcharges to the trustee of about $345,000.  Because of this companion ruling, the appellate court sent back a $187,900 fee award against trustee and in favor

Reasonableness Of Fees: $245,920.50 Is Fee Award To Attorneys Winning Riverisland Parol Evidence Case

Cases: Reasonableness of Fees

  Trial Court Made Some Reasonable Reductions From $287,612 Request.     In Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn., Case No. F069366 (5th Dist. Sept. 28, 2015) (unpublished), the trial court and Fifth District got to deal with the prevailing party’s fee request after winning an important parol evidence issue before the California

Costs/Requests For Admissions: Defendant Prevailing In False Advertising Case Reaps $764,552.73 In Routine Costs

Cases: Costs, Cases: Requests for Admission

  Plaintiff’s Failure To Provide Accounting Precluded Costs Of Proof Sanctions.      Marie Jansen smoking and holding umbrella in beach scene. c1893.  Library of Congress.      In re Tobacco Cases II, Case No. D065165 (4th Dist., Div. 1 Sept. 28, 2015) (published) is the likely denouement to a false advertising case against a large

Reasonableness Of Fees/Multiplier: Appellate Court Awards Significant Fees In Labor Case, Providing A Primer On How To Support A Fee Petition, Defend Against Attacks, and Differentiate Federal Fee Petition Differences

Cases: Multipliers, Cases: Reasonableness of Fees

  However, Not All Is Lost … Plaintiffs Only Get About 23% Of Requested Fee Amount, Inclusive Of 1.25 Multiplier.     We have to say that all readers interested in fee issues need to read Britto v. Zep, Inc., Case No. A141870 (1st Dist., Div. 5 Sept. 25, 2015) (unpublished)—it gives a great roadmap on

Arbitration/Bankruptcy/Costs: Second District, Division 1 Strikes Costs Award Entered Against Chapter 13 Bankrupt Losing Party

Cases: Arbitration, Cases: Bankruptcy Efforts, Cases: Costs

  Award of Arbitration Costs Was Affirmative Relief Violating Automatic Stay, With Striking Of Costs Award But Affirmance Of Merits Award Being The End Results.     In Hilton v. Allcare Medical Mgt., Inc., Case No. B253984 (2d Dist., Div. 1 Sept. 25, 2015) (unpublished), former employee lost an arbitration to former employer, but then declared

SLAPP: SLAPP Fee Award Against Attorney Vacated

Cases: SLAPP

  However, No Authority Supported Vacating Entire Award, Including The Part Of It Against Losing Plaintiff.     In Clements v. Sojourn Properties, Inc., Case No. A141288 (1st Dist., Div. 1 Sept. 24, 2015) (unpublished), the appellate court had no trouble vacating a SLAPP fee award of $3,400 against a losing plaintiff’s attorney, given that Moore

Section 998: Defendant Winning Workers’ Compensation Exclusivity Defense In Asbestos Case Properly Awarded $80,719 In Expert Witness Fees

Cases: Experts, Cases: Section 998

  Section 998 Offer Was Reasonable And Expert Fees Did Not Have To Be Tied To Issue Eventually Won.     In Melendrez v. Ameron International Corp., Case Nos. B256928/B259423 (2d Dist., Div. 4 Sept. 17, 2015) (published), defendant won an asbestos suit against plaintiffs in a wrongful death suit based on the workers’ compensation exclusivity

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