Author name: Marc Alexander

Appealability/Section 998: Loser’s Failure To Appeal Postjudgment Cost-Shifting Order Waived Challenge To Order Denying Tax Costs Motion

Cases: Appealability, Cases: Section 998

  Gotta Separately Appeal the Postjudment Order.      Albert v. Baccouche, Case No. B249798 (2d Dist., Div. 5 Sept. 2, 2014) (unpublished) is yet another reminder of what we have harped on in many posts: separately appeal a postjudgment costs/fee order in order to preserve a challenge to the order. Here, litigant hit with some […]

Private Attorney General: Litigant Winning Unconstitutionality Of Revenue & Taxation Code Section In Tax Refund Matter Entitled To Award Of Fees Under CCP § 1021.5

Cases: Private Attorney General (CCP 1021.5)

  Lower Court Erred in Considering Detriments to Other Class of Persons and In Denying Fees to Well-Heeled Litigants Whose Fees Outstripped Amount of Refund.      Earlier, a litigant had won on appeal in a tax refund case where a certain tax was held unconstitutional with respect to a class of taxpayers who invest in

In The News . . . . Catalyst Theory Will Support Fee Recovery For ERISA Plaintiffs Having Some Degree Of Success In Case

In The News

  Despite Losing Summary Judgment, Defendant Did Voluntarily Change Behavior From Plaintiffs’ Suit.      The Third Circuit Court of Appeals, in a non-precedential (unpublished) opinion, has decided that an ERISA plaintiff can recovery fees, at the district court’s discretion, under a catalyst theory. In Boyle v. International Brotherhood of Teamsters Local 863 Welfare Fund, No.

Civil Rights/Lien For Attorney’s Fees: Nunc Pro Tunc Order Directing Payment Of FEHA Fee Award To One Set Of Plaintiffs’ Attorneys No Abuse Of Discretion

Cases: Civil Rights, Cases: Liens for Attorney Fees

  Trial Judge Did Not Resolve Attorney’s Lien Claim Brought by Estate of Another Deceased Plaintiffs’ Attorneys, So No Prejudice.      Marcisz v. Ultrastar Cinemas, Case No. D063902 (4th Dist., Div. 1 Aug. 29, 2014) (unpublished) involved two sets of FEHA attorneys moving to recover fees after successfully prosecuting a sexual harassment for four plaintiffs.

Interpretation/Indemnification/Reasonableness Of Fees: CAR Listing Agreement Indemnification Clause Broad Enough To Permit Fee Recovery To Brokers Defensing Seller X-Complaint Based On Inaccurate/Undisclosed Information

Cases: Fee Clause Interpretation, Cases: Indemnity, Cases: Reasonableness of Fees

  $348,372 Is Broker Fee Recovery; However, CAR Clause May Need To Be Amended To Allow Routine Costs Recovery.      Brokerage company successfully defended against a cross-complaint brought by sellers, sellers who were also successfully sued by buyers of an expensive Pacific Palisades residence in the same case. Broker defended against the cross-complaint by arguing

Fee Clause Interpretation: Certain Tort Claims Were Too Independent And Not “Related To” Contractual Agreement

Cases: Fee Clause Interpretation

  Trial Court Denying Fee Recovery Against Dismissing Tort Litigants Affirmed.      In Old CFI, Inc. v. Case Financial, Inc., Case No. B251404 (2d Dist., Div. 3 Aug. 28, 2014) (unpublished), plaintiff dismissed tort claims on the eve of trial, with defendants being dismissed requesting an award of contractual attorney’s fees as the prevailing party.

Bankruptcy: Schwartz-Tallard Opinion Withdrawn And Republished

Cases: Bankruptcy Efforts

  Ninth Circuit Comes To Same Result, But Reissues Slightly Different Opinion.      For those of you facing “actual damages” concerns in the automatic stay area, we discussed In re Schwartz-Tallard, Case No. 12-60062 (9th Cir.) in our April 17, 2014 post. We can now report that the previous decision has been withdrawn and reissued

Scroll to Top