Author name: Marc Alexander

Costs, Judgment Enforcement: Appellate Dispositional Reversal “In All Other Respects” Meant What It Said—A Reversal Of Prior Costs Award To Real Parties Also

Cases: Costs, Cases: Judgment Enforcement

  Petition for Rehearing Was Correct Clarification Vehicle, But Filed Too Late.      The Fourth District, Division 3, in an opinion following rehearing, came to the same result in Ducoing Management, Inc. v. Superior Court, Case No. G050457 (4th Dist., Div. 3 Feb. 10, 2015) (published), a writ proceeding which involved Presiding Justice O’Leary, Justice […]

Appealability: Failure To Separately Appeal Fees Award And Failure To Provide Fees Order Fatal At Appellate Stage

Cases: Appealability

  Also, Appellate Court Warns Litigants/Counsel To Comply With California Rules Of Court Relating To Appellate Procedure.      Indulkar v. East Desert Valley Investments, Inc., Case No. G050400 (4th Dist., Div. 3 Feb. 10, 2015) (unpublished) has a few lessons, where the appellate court refused to review a fee order because it lacked jurisdiction to

Costs, Intellectual Property, POOF: Costs Against Copyright Infringement Plaintiff Went POOF Upon Reversal Of Summary Judgment In Favor Of Defense

Cases: Costs, Cases: Intellectual Property, Cases: POOF!

  License Agreement Involving the “Four Seasons” Was At Center Of Controversy.      This next post is a fun one, involving the “Four Seasons” and “Jersey Boys,” and of course the different band members and an agreement between all of them granting transfer of rights about aspects of their lives with the band, including biographies.

News . . . . Legal Services Sector Lost Jobs In January; Preliminary Survey Results Show Highest Versus Lowest Partner Compensation Gap Widening; and Chase Bank Robocall Class Action Attorneys Will Seek $11 Million In Fees At Final Settlement Approval Hea

In The News

  U.S. Bureau of Labor Statistics Show January 2015 Legal Services Sector Drop.      The U.S. Bureau of Labor Statistics has reported that, for January 2015, the legal services sector lost 1,400 in jobs despite some signs of an uptick in demand. This compares with a 4,500 legal service job loss for all of 2014.

Section 1717: Tenaciously Litigating Plaintiff Losing Case On Demurrer/Summary Judgment Properly Suffered Adverse Fee Award Of $254,886

Cases: Section 1717

  Fee Award Based on Settlement Agreement Fees Clause.      In Daria v. Level Studios, Inc., Case No. B249801 (2d Dist., Div. 6), the defense prevailed in a tenaciously litigated action brought by plaintiff where a trial court ultimately sustained a demurrer and then granted a summary judgment—with many claims dismissed based on releases in

Private Attorney General: Litigant Whose Administrative Penalty For Violating City Ordinance On Technicality Did Not Vindicate An Important Right Or Confer A Significant Benefit For CCP § 1021.5 Purposes

Cases: Private Attorney General (CCP 1021.5)

  City Ordinance Involved Penalty If Public Members Remain In A Public Park After Sunset.      In Coke v. City of Sacramento, Case No. C072866 (3d Dist. Feb. 5, 2015) (unpublished), Ms. Coke successfully challenged a $300 administrative penalty assessed against her for violating a City ordinance prohibiting the public from remaining in a public

SLAPP: Condominium Owner Losing SLAPP Recovery Against HOA, Property Manager, HOA Attorneys, And Owner’s Attorney Relating To Prior Condo Defect Suit Did Not Gain Relief From SLAPP Grant Fees To Various Defendants

Cases: SLAPP

  Trope, Conflict, and Partial Success Challenges Unsuccessful On Appeal.      In Creger v. Hudson 141 Homeowners Assn., Case No. B247480 (2d Dist., Div. 2 Feb. 5, 2015) (unpublished), condo owner sued the HOA, property manager, HOA attorneys, and his own attorneys for certain actions relating to a prior condo defect suit, getting SLAPPed based

Allocation/Section 1717: $740,257.50 1717 Fee Award Reversed Because Appellate Court Could Not Determine If Lower Court Actually Exercised Discretion To Apportion Award Between Compensable And Noncompensable Claims

Cases: Allocation, Cases: Section 1717

  Discretion Was Abused When There Was No Hearing And Only One Sentence Fee Award.      NICO Alloys v. American Metal Group, Case Nos. B251688/B253987 (2d Dist., Div. 2 Feb. 5, 2015) (unpublished) is an example of where a lower court and fee claimant need to do a little more to sustain a fee award

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