Author name: Marc Alexander

Appealability/Arbitration/Prevailing Party: Defendants/Winning Parties Entitled To Renew Court Action Fee Request After Voluntarily Dismissal Of Court Action Occurred Following Denial Of Provisional Relief And Submission Of Arbitration Hearing

Cases: Appealability, Cases: Arbitration, Cases: Prevailing Party

  Denial Of Fees Would Ignore Realities of “Dual Track” Arbitration/Court Realities Of Modern Litigation.      Mesa Shopping Center-East, LLC v. O Hill, Case No. G049205 (4th Dist., Div. 3 Dec. 23, 2014) (published) is an interesting case involving the propriety of Civil Code section 1717 court fees where there is a “dual track” case, […]

Year In Review 2014—Part 2.

Year in Review

  Yearly Roundup: Mike & Marc’s Top 20 Fees/Costs Decisions In 2014.      Here are the final 10 decisions to round out our top California fees/costs decisions for 2014.      10. Settle v. State of California, 228 Cal.App.4th 215 (July 23, 2014) [2d Dist., Div. 6; authored by Yegan, J.] and Suarez v. City of

Year In Review 2014—Part 1.

Year in Review

  Yearly Roundup: Mike & Marc’s Top 20 Fees/Costs Decisions In 2014.      It’s that time of year for our top 20 fees/costs decisions for 2014, focusing on published California appellate or Ninth Circuit decisions. We will note that some of these same have been accepted for state supreme court review/transferred back to a DCA

Civil Right,Costs,Special Fee Shifting Statute: Lower Court Decision To Deny Prevailing Defendant Attorney’s Fees And CCP § 1038 Defense Costs Affirmed On Appeal

Cases: Civil Rights, Cases: Costs, Cases: Special Fee Shifting Statutes

  Order Taxing Costs By Over Half Was No Abuse of Discretion, Either.      In Berro v. County of Los Angeles, Case No. B223515 (2d Dist., Div. 4 Dec. 22, 2014) (unpublished), plaintiff—an ex-Los Angeles fire department captain—lost a FEHA case (mainly through a summary judgment motion), but the lower court refused to award Fire

Family Law: $349,381 271 Sanctions Award Affirmed On Appeal

Cases: Family Law

  Record Showed Husband Did Have Ability To Pay Adverse Sanctions Award.      In Marriage of Lane, Case No. B29872 (2d Dist., Div. 6 Dec. 17, 2014) (unpublished), husband brought a fifth appeal, this time of a $349,381 sanctions award against him and in favor of wife under Family Code section 271 (the fee-shifting provision

Interpleader/Reasonableness Of Fees: $81,053.44 In Fees To Neutral Stakeholder Affirmed In Interpleader Action

Cases: Interpleader, Cases: Reasonableness of Fees

  Absence of Opposition From Other Side Steered the Affirmance.      In Southern Cal. Gas. Co. v. Flannery, Case No. B249616 (2d Dist., Div. 5 Dec. 16, 2014) (published), gas company brought an interpleader action to direct disposition of settlement proceeds in multiple fire cases, ultimately being granted an unopposed motion for discharge and then

Deadlines/Family Law: Appeal Of $5,000 Needs-Based Fee Award Untimely Because Brought Outside of The 180-Day Maximum Deadline

Cases: Deadlines, Cases: Family Law

  Fee Award Directed Payment Of Money, So It Was Final For Appealability Purposes Even Though Order Said Future Adjustments Could Be Made.      In Marriage of Bustillo, Case No. G048816 (4th Dist., Div. 3 Dec. 15, 2014) (unpublished), husband appealed a $5,000 needs-based fee award to wife, entered in May 2012, directing payment of

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