Costs On Allocable Non-FEHA Claims Only Allowable To Defendants Outside Of Williams Standard. In Roman v. BRE Properties, Inc., Case No. B246841 (2d Dist., Div. 7 June 17, 2015) (published), prevailing defendant in a FEHA case was awarded $4,994.98 in routine costs in a case involving a FEHA claims and other non-FEHA claims […]
Matter Remanded To Consider Fees Request Under Two Statutes. In Christner v. Sweeney, Case No. H040736 (6th Dist. June 19, 2015) (unpublished), an ex-boyfriend defendant defeated a TRO brought by plaintiff ex-girlfriend from a personal/business relationship under the Domestic Violence Protection Act. The lower court then denied defendant’s request for fees of $49,812.10 under
Fee Recovery Assessed Against County And Developer Equally Ruling Was Also Affirmed On Appeal. Limited success in public interest cases is an important factor that can lead to a substantial reduction in fees awardable under California’s private attorney general statute, CCP § 1021.5. That is what happened in North County Watch v. County
Upshot Is What Prevailing Defendant On Complaint Entitled To 998 Expert Witness Fees. “Dueling” 998 offers at play under a complaint and a cross-complaint were the subject of scrutiny in Horn v. Rand, Case No. B255051 (2d Dist., Div. 5 June 17, 2015) (unpublished). Legal malpractice plaintiff failed to accept defendant attorney’s
Appellate Court Rejected That Lending Had To Be Specifically Tied In Initial Purpose To Obtaining Undertaking Expense Moneys. Effective January 1, 2013, CRC rule 8.278 allows a prevailing party on appeal to recover the costs to obtain a letter of credit or fees/net interest expenses incurred to borrow funds to provide security for
Plaintiff Prevailed On Practical Level, Although Trial Judge Found It “Was Close.” This next one recalls to mind the quote “close only counts in horseshoes and hand grenades.” Although finding the prevailing party issue to be closed, the prevailing party prevailed enough to garner $104,718.80 in attorney’s fees and additional costs in
Reddit’s Attorneys Had Sought Close To $1 Million In Fees. Reddit’s former CEO Ellen Pao lost a sexual bias/retaliation jury trial, with the Kleiner Perkins firm successfully defending then seeking reimbursement of nearly $1 million in fees/expenses. Recently, San Francisco County Superior Court Harold Kahn awarded Reddit $275,000 in fees (most of which
However, Trial Court Erred In Denying Section 998 Costs/Expert Fee Recovery To Prevailing Defendant Which Was Indemnified By Second Defendant Not Prevailing Against Plaintiff. In Litt v. Eisenhower Medical Center, Case No. D067455 (4th Dist., Div. 1 June 19, 2015) (published), defendant #1 served a $15,000 998 offer on plaintiff, who later added
Plaintiff Kept Going After Earlier Sanctions Tentative For $38,080 Was Dismissed For Procedural Defects. This next post counsels litigants and their counsel that there is a point where the battle has been lost, under penalty of having sanctions imposed for further litigation—which is exactly what happened. In Ledesma v. JPMorgan Chase, Case
SCOTUS Decides American Rule Is In Play, With Congress Not Overriding In 11 U.S.C. § 330(a)(1). The United States Supreme Court, in Baker Botts L.L.P. v. Asarco LLC, No. 14-103 (June 15, 2015) (published), rejected Baker Botts’ application to obtain another $5 million in fees for successfully supporting its prior professional fee work
