Author name: Marc Alexander

Special Fee Shifting Statute/Sanctions: Lower Court’s Award Of Attorney’s Fees To Summary Judgment Seeking Defendant Based On CRC 2.30(b) Reversed And Remanded

Cases: Sanctions, Cases: Special Fee Shifting Statutes

  Trial Judge Needed to Explore Impact of Sino Century Development Case.      In Bongan v. Kaiser Foundation Hospitals, Inc., Case No. A137303 (1st Dist., Div. 5 Sept. 12, 2014) (unpublished), the lower court had awarded $15,100 in attorney’s fees in favor of a defendant and against a plaintiff/her attorney under California Rules of Court, […]

Bankruptcy: Stay Violator’s Conditional Settlement Offer Did Not End Stay Violation, Entitling Bankruptcy Petitioner To Fees For Remedying Stay Violation

Cases: Bankruptcy Efforts

  Concurring Decision Believes Sternberg Opinion Wrongfully Decided, But Still Follows It.      In the Matter of Snowden, No. 13-35291 (9th Cir. Sept. 12, 2014) (published) is a decision arising from 11 U.S.C. § 362(k)(1), which allows a bankruptcy petitioner to obtain attorney’s fees and damages incurred in litigating over a stay violation.      Bankruptcy

In The News . . . Defense Gets SLAPP Fees In Civil Rights Starbucks Case And San Jose Law Firm Gets Higher Civil Rights Fees In Arizona Case

In The News

  Plaintiff Gets Hits With WA State Anti-SLAPP Fees For Losing Civil Rights Case.      Stopping for a cup of coffee.  1943.  John Vachon, photographer.  Library of Congress.      In DiBiasi v. Starbucks Corp., No. 12-35583 (9th Cir. Sept. 11, 2014) (unpublished memorandum decision), the Ninth Circuit affirmed a $156,797.62 fee and $18,319.79 costs awards

Legislation/Undertaking: California Amendments To Deposits In Lieu Of Cash Bonding/Undertaking Requirements Are Chaptered September 9, 2014

Cases: Undertaking

  More Flexibility as to Instruments as Qualifying “In Lieu Of” Cash for Undertaking Purposes.      AB 1856 has been chaptered, amending Code of Civil Procedure sections 995.710, 995.720, 995.740, and 995.760—portions of California’s Bond and Undertaking Law. In essence, it allows casher’s checks and all bonds and notes of the United States or California

Family Law: $70,000 271 Sanctions Award Against Ex-Wife Affirmed On Appeal

Cases: Family Law

  Ex-Wife Did Not Show Sanctions Were An Abuse of Discretion, With No “Double Dipping” Based on Prior Discovery Sanctions.      Family Code section 271 sanctions, oftentimes attorney’s fees for resolution-thwarting, obstructionist conduct by a family law litigant, are generally reviewed under an abuse of discretion standard. Marriage of Bell, Case No. D064293 (4th Dist.,

In The News . . . . 2014 Altman Weil Flash Survey Of “Law Firms In Transition” Has Some Interesting Trends In Law Firm Management/Client Pricing

In The News, Rates

  Discounts Are Prevalent and Nonhourly Arrangements Becoming More Common (But Maybe Not So Profitable).      Legal consultants Altman Weil have come out with their “2014 Law Firms in Transition Survey” based on receiving survey responses from 304 U.S. law firms, including 42% of the nation’s 350 largest firms (a 38% response rate out of

In The News . . . . N.D. Cal. District Judge Grants Reduced Lodestar Plus 2.59 Multiplier To Class Counsel In Bank of America Automated Call Settlement

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, In The News

  $8 Million Percentage of Recovery Request Nixed; Reductions Made for Inefficient Work Efforts and High Settlement/Mediation Work Requests.      In Rose v. Bank of America Corp., Case Nos. 5:11-CV-02390 & 5:12-CV-04009-EJD (N.D. Cal. Aug. 29, 2014) (Doc. No. 180), U.S. District Judge Edward J. Davila gave final approval to a settlement of a class

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