Author name: Marc Alexander

Private Attorney General: Candidate Rebuffing Challenging By Political Opponent To Past Work Experience Not Entitled To 1021.5 Fees

Cases: Private Attorney General (CCP 1021.5)

  No Important Right Or Significant Benefit Vindicated.      Not all political “victories” give rise to private attorney general fee recovery under CCP § 1021.5, as the next case illustrates.      In Willard v. Kelley (Woolery), Case No. G050340 (4th Dist., Div. 3 June 29, 2015) (unpublished), one political opponent (Willard) challenged a portion of […]

Family Law: $22,500 271 Sanctions Award Affirmed On Appeal Where No Legal Basis For Annulment Petition

Cases: Family Law

  However, Sanctions For Frivolous Appeal Denied, With Appellate Court Telling Both Sides To “Behave.”      In Marriage of Weiss, Case No. D065042 (4th Dist., Div. 1 June 22, 2015) (unpublished), husband was sanctioned for $22,500 in fees under Family Code section 271’s sanction statute, about one-third of wife’s request. Husband appealed it, but the

In The News . . . . Delaware Enacts Law To Invalidate Stock Corporation Charter Provisions Attempting To Impose Fees Upon Stockholders In Corporate Governance Suits

In The News, Legislation

Exceptions Are Made For Nonstock Corporations And For Shareholder Agreements.      In our March 31 and June 12, 2014 posts, we discussed ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014), where the Delaware Supreme Court upheld as facially valid a bylaw imposing liability for certain legal fees of the nonstock corporation

Intellectual Property: Bad Lawyering, In The Form Of Overstatements Or Sloppy Arguments, Is Not Litigation Misconduct To Justify Fee Denial Under Octane

Cases: Intellectual Property

  Fee Request Remanded To See If Any Change In Result.      In Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc., No. 2014-1174 (Fed. Cir. June 25, 2015), a district court (based on a magistrate judge’s recommendations) denied “exceptional case” attorney’s fees under 35 U.S.C. § 285 to defendant prevailing in a patent infringement case.

Costs, Deeds Of Trust, Fee Clause Interpretation, Prevailing Party, Section 1717: Deed Of Trust Trustee Did Prevail Under Civil Code Section 1717 Where It Defensed Tort Claims And It Took Neutral Position On Contractual Claim Under Broadly Worded Fees Cla

Cases: Costs, Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party, Cases: Section 1717

  POOF!:  Award of Fees/Costs To Plaintiff Reversed, With Remand To Award Fees/Costs To Prevailing Trustee.      Torigian v. WT Capital Lender Services, Case No. F068393 (5th Dist. June 24, 2015) (unpublished) is an interesting unpublished decision, authored by Acting Presiding Justice Cornell, where a neutral trustee under a deed of trust was found to

Request For Admissions: $287,040 In Fees And $7,448.05 In Expert Fees/Costs As RFA “Cost-Of-Proof” Sanctions Sustained On Appeal

Cases: Requests for Admission

  Trial Court Had Jurisdiction To Rule On Matter Post-Trial During Appeal Pendency.      Plaintiff/cross-defendant prevailed in a bitterly contested real estate dispute after a jury trial as against defendant/cross-complainant. Then, after defendant/cross-complainant denied five key RFAs requiring plaintiff/cross-defendant to prove otherwise at trial, the lower court awarded prevailing plaintiff/cross-defendant RFA “cost-of-proof” sanctions in the

Special Fee Shifting Statute: Law Firm Denied Fee Recovery Under California Public Records Act Get Redeemed On Appeal

Cases: Special Fee Shifting Statutes

  Trope Prohibition Inapplicable to Public Records Act Request.      In Law Offices of Marc Grossman v. Victor Elementary School Dist., Case No. E059579 (4th Dist., Div. 2 June 26, 2015) (unpublished), a law firm representing a student of defendant elementary school sought public records reflecting the amount of money spent defending student’s assault action.

Fee Clause Interpretation: Attorney’s Fees Award To Tenant Reversed Because Fees Clause Only Applied To Contract Claims

Cases: Fee Clause Interpretation

  Dismissal Of Contractual Claims Barred Fee Recovery Under Santisas.      Landlord filed a suit against former tenants, after they vacated the property, for breach of contract, negligence and waste, with landlord dismissing the action without prejudice ten months later. Tenant then moved for, and obtained, $26,671 in attorney’s fees under Civil Code section 1717

Landlord-Tenant, Requests For Admissions: Successful Defendant In Residential Unlawful Detainer Action Properly Awarded Only $10,000 Out Of Requested $70,000

Cases: Landlord/Tenant, Cases: Requests for Admission

  Also, Failure To Itemize Expenses Incurred For RFA Denials Prevented Imposition Of Costs-Of-Proof Sanctions.      The standard of review is critical in appellate matters as well as the development of the record below. Appellant, the successful defendant in a residential unlawful detainer case, found that out in Kennedy v. Morin, Case No. B254871 (2d

In The News . . . . Judge Orrick Grants SLAPP Fee Recovery To Steve Wynn Opponent, Lateral Partner Shifts, 2014 U.S. Top Law Firm Revenues Shows Gap With Smaller Firms, Law School Admissions Down, And Postgraduate Law Firm Debt Soars Based On 2012-2013 St

Cases: Celebrities, In The News

  $390,149.63 In Fees/$32,231.23 In Costs Is SLAPP Recovery To Wynn Opponent.      After defendant James Chanos won a SLAPP motion against well-known resort developer Steve Wynn/Wynn Resorts, he moved to recoup $538,043 in attorney’s fees and $52,656.23 in costs. U.S. District Judge William H. Orrick of the Northern District of California allowed $390,149.63 in

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