Author name: Marc Alexander

Intellectual Property, Prevailing Party: $1,518,687.94 In Fees Against Three Losing Defendants Justified In Lanham Act False Endorsement Case Involving Bob Marley’s Image

Cases: Intellectual Property, Cases: Prevailing Party

  Base Award Against Prevailing Plaintiffs Was $648,543.00.      The Ninth Circuit in Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., Case No. 12-17502 (9th Cir. Feb. 20, 2015) (published) affirmed, in a 2-1 decision, the merits of compensatory/lost profit awards against five defendants in a Lanham Act false endorsement suit brought by two plaintiffs […]

Allocation, Fee Clause Interpretation, Lodestar, Reasonableness Of Fees, Section 998: Prevailing Attorneys In Collection Suit Against Ex-Client Sustain $1.532M Fee Award And $123K Expert Witness Fee Award On Appeal When Attorneys Recovered Base Collection

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Section 998

  Fees Clause Was Broadly Worded, Former Attorneys Represented Client In Seven Suits, and Section 998 Rejection Gave Rise to Expert Witness Fee Award.      This next opinion, Calvo Fisher & Jacob LLP v. Lujan, Case No. A139863 (1st Dist., Div. 2 Feb. 19, 2015) (published), is must reading for both litigants and attorneys involved

Costs, Section 998, Sanctions: Plaintiffs Prevailing In Boundary Dispute Entitled To Costs For Uncalled Expert Witness And Defendant Properly Assessed Sanctions For Filing Untimely Discovery Sanctions Motion

Cases: Costs, Cases: Sanctions, Cases: Section 998

       Costs and sanctions are generally discretionary matters, even if the record might show a different conclusion could have been reached. Appellate courts are loathe to disturb a trial court’s conclusion in such matters, as Sdun v. Patterson, Case No. C070623 (3d Dist. Feb. 18, 2015) (unpublished) aptly illustrates.      There, plaintiffs won a

Employment, Reasonableness Of Fees: Plaintiff Winning Statutory Wage/Hour Penalties Of $4,000 Also Garnered $41,500 In Fees

Cases: Employment, Cases: Reasonableness of Fees

Trial Court Did Reduce Hourly Rate And Only Awarded Fees For Trial Attorney Work.      In Yoo v. Song, Case No. B256229 (2d Dist., Div. 7 Feb. 17, 2015) (unpublished), an ex-employee of defendants sued for unpaid overtime, statutory penalties under Labor Code sections 203 and 226, pay for meal/rest periods under Labor Code section

Class Action: Trial Court Erred In Discounting Class Counsel Fee Recovery For Limited Success In Unruh Act Class Action Based On Mathematical Formula

Cases: Class Actions

  Lower Court Award of $5 Million Out of Requested $16 Million Remanded.      Jones v. Wells Fargo Bank, N.A., Case No, B243333 (2d Dist., Div. 7 Feb. 17, 2015) (unpublished) involved a trial court’s substantial reduction of requested fees by class counsel in an Unruh Act case involving alleged discrimination in making loans by

Arbitration, Retainer Agreements: Tips For Successful Enforcement Of Arbitration Clauses In Fee Retainers

Cases: Arbitration, Cases: Retainer Agreements

  Tips Are Broad in Nature, But Also Guide California Practice.      We can tell you that Randy Evans and Shari Klevens of McKenna Long have provided some guidance to U.S. lawyers seeking to enforce fee retainer arbitration provisions in their recent Daily Report article entitled “Arbitration Provisions in Fee Agreements.”      Here are the

Fee Clause Interpretation, Judgment Enforcement: Fee Recovery In Counsel Disqualification Proceeding And Alter Ego Amendment Proceeding Properly Awarded

Cases: Fee Clause Interpretation, Cases: Judgment Enforcement

  LLC Operating Agreement Clause Was Broad and Post-Judgment Activity Recovery Broadened Under 1992 Amendment.      In Fiscal Funding Co., Inc. v. Dones, Case No. A140460 (1st Dist., Div. 3 Feb. 13, 2015) (unpublished), Fiscal Funding brought a writ petition to unsuccessfully challenge an arbitrator’s decision to disqualify an attorney, who happened to be the

Fee Clause Interpretation/Section 1717: Plaintiff Machine Buyer Properly Denied Fees Against Defendant Machine Manufacturer

Cases: Fee Clause Interpretation

  No Fees Clause In Express Warranty Provisions, With Fees Clauses In Documents With A Different Lender Party.      Under Civil Code section 1717, you must have a contractual or third-party beneficiary/subrogation/successor relationship of some sort in order to press for fee recovery. These crucial relationships were missing in MGM Equipment Leasing Co., LLC v.

Special Fee Shifting Statute, Record: Public Entity Seeking Fees Under CCP § 1038 Must Support Motion With Specific Evidentiary Support And Citations To Trial Record

Cases: Record, Cases: Special Fee Shifting Statutes

  Public Entity Properly Denied Fees/Costs Under Section 1038 By Simply Pointing To Entirety Of Record.      Public entities seeking to recover fees and costs under Code of Civil Procedure section 1038—a fee-shifting section allowing such entities to recoup fees and costs if they can demonstrate a suit was brought in bad faith or without

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