Author name: Marc Alexander

Prevailing Party: Plaintiff Obtaining Reversal Of Case Dismissal Not Entitled To Attorney’s Fees Until Remaining Claims Await Trial For Purposes Of Determining “Victor”

Cases: Prevailing Party

  Fee Request Was Premature; Appellate Court Refused To Find Equitable Fee Entitlement Basis.      Plaintiffs obtained reversal of a case dismissal when the appellate court determined some claims survived, being awarded costs on appeal. However, as we have seen from prior post, costs on appeal does not mean fees are necessarily awarded for the […]

Fee Clause Interpretation: Lower Court Properly Denied Fee Recovery Based On LLC Operating Agreement Fees Clause Only Applicable To Arbitrations

Cases: Fee Clause Interpretation

  No Arbitration, No Basis For Fees.      Plaintiff’s complaint in a court case was dismissed with prejudice based on the sustaining of a demurrer to a second amended complaint. Defendant LLC in Axten v. John Foster, LLC, Case No. G049665 (4th Dist., Div. 3 Mar. 25, 2015) (unpublished) then moved for contractual fee recovery

SLAPP, Substantiation Of Fees: $33,265 In Fees To Two Prevailing Attorney Defendants Sustained On Appeal

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  No Trope Problem; Trial Judge Did Reduce Requests; Attorney Declaration Of Hours Expended Suffices.      In Shames v. Peffer, Case No. D065737 (4th Dist., Div. 1 Mar. 25, 2015) (unpublished), plaintiff sued two defendant attorneys personally (not their firm) for libel/prospective economic advantage interference, but was SLAPPed even though the law firm where each

Family Law: $72,000 In Pendente Lite "Needs Based" Fees To Wife Reversed Because She Relied On Unsworn, Undated, And Unauthenticated Statements About Alleged Misappropriation By Husband’s Brother’s Son

Cases: Family Law

  Some Evidence To Demonstrate Claim’s Potential Validity Required.      Two prior decisions, In re Marriage of Siller, 187 Cal.App.3d 36, 53 (1986) and In re Marriage of Bendetti, 214 Cal.App.4th 863, 871 (2013), allow pendente lite attorney’s fees to be imposed against third parties if statutory requirements for fee entitlement is shown, with the

Homeowner Association: $1.2 Million Fee Award Against Homeowners/Short Renting Landlords Affirmed On Appeal

Cases: Homeowner Associations

  Plaintiffs Sought To Create Precedence, Litigated Vigorously, Should Have To Bear The Fee Tab.      This one is truly frightening and shows why fee shifting is a potential game changer in litigation.      Plaintiffs were condo owners who also engaged in short term renting, deciding to challenge enforcement of certain HOA regulations imposing fees

Liens For Attorneys Fees: Trial Court Acted In Excess Of Jurisdiction By Expunging Attorney Liens

Cases: Liens for Attorney Fees

  Lower Court Could Not Expunge By Enforcing Settlement In Same Underlying Action.      A trial judge in Martinez v. Mayberry, Case No. A142385 (1st Dist., Div. 3 Mar. 24, 2015) (unpublished) expunged some attorney liens in enforcing a settlement agreement upon motion by defense and new plaintiff counsel (counsel other than former plaintiff’s counsel

Section 1717: Defendant Tenant Prevailing On Rent Control Ordinance/Rent Rate Declaratory Relief Claim Entitled To Fee Recovery

Cases: Landlord/Tenant, Cases: Section 1717

  Lower Court Erred In Refusing To Award Fees Under Fees Clause Which Encompassed Landlord’s Declaratory Relief Claim.      Earlier, tenant had won both trial and appellate court victories on the theory that landlord’s substantial rent increase violated local L.A. rent control ordinances, with landlord instigating things primarily through a declaratory relief-oriented action which landlord

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