Author name: Marc Alexander

Standard Of Review/Record: Failure to Provide RT Doomed Appeal Where Loser In Fee Battle Argued Objections Were Not Honored Or Fee Discovery Not Allowed

Cases: Record, Cases: Standard of Review

  No Adequate Record Was Presented for Review Purposes.      Yet again, Next Seafood Co., Inc. v. Port of San Francisco, Case No. A137487 (1st Dist., Div. 5 Aug. 27, 2014) (unpublished), is a situation where a party losing a fee award—to the tune of $77,881.25—appealed, arguing that the fee award was not supported by […]

Discovery/Sanctions: Party Seeking E-Discovery Entitled To $11,487 In Attorney’s Fees For Successfully Resisting Opposition to Motion To Compel Business Record Subpoena Compliance

Cases: Discovery, Cases: Sanctions

  Federal Decisions Looked to in E-Discovery Area.      Vasquez v. Calif. School of Culinary Arts, Case No. B250600 (2d Dist., Div. 2 Aug. 27, 2014) (unpublished) is an example of how a litigant seeking documents from non-party Sallie Mae really set up a discovery battle very well. The litigant sent a first subpoena, drawing

Deadlines: Trial Court Had Jurisdiction To Amend Statement Of Decision To Include Attorney’s Fees Award To Prevailing Plaintiff

Cases: Deadlines

  Didn’t Matter That New Trial Motion 60-Day Deadline Was Exceeded.      In a dispute between two marine transportation companies over charges for tugboat services under a series of contracts, plaintiff prevailed and was awarded contractual attorney’s fees in American Marine Corp. v. Harley Marine Services, Inc., Case No. A133283 (1st Dist., Div. 3 Aug.

Prevailing Party/Section 1717: Plaintiffs Winning Cancellation Of Foreclosure But Losing Case Ultimately Were Properly Denied Fees As Prevailing Party

Cases: Prevailing Party, Cases: Section 1717

  Record Showed Plaintiffs Pursued Other Claims Unsuccessfully, So SJM Against Them Meant Litigation Objectives Not Achieved.      Plaintiffs did win a battle when defendant lender-oriented parties stipulated to stay foreclosure proceedings pending the outcome of the litigation initiated by plaintiffs.      However, plaintiffs lost the merits of the suit based on demurrer and ultimate

Special Fee Shifting Statute: Denial Of Attorney’s Fees To Cross-Defendants Not Overall Prevailing In Mobilehome Residency Dispute Affirmed

Cases: Special Fee Shifting Statutes

  However, One Cross-Defendant’s Dismissal From Entire Pleading Did Give Rise To Potential Fee Recovery, With Any Apportionment To Be Considered On Remand.      The Mobilehome Residency Law (MRL), Civ. Code section 798 et seq., extensively regulates the landlord-tenant relationship between mobile home park owners and residents. It also has a fee-shifting provision in Civil

Deadlines/Section 1717: Party Seeking Contractual Fees Need Not File Costs Memorandum In Addition To Noticed Motion For Purposes Of Seeking Fees

Cases: Deadlines, Cases: Section 1717

  Nothing in Statues Require Costs Memo Filing, With CRC 3.1702 Governing.      In ruling on a first impression issue on the published level, Kaufman v. Diskeeper Corp., Case No. B 248151 (2d Dist., Div. 4 Aug. 21, 2014) (published) decided that a party seeking contractual fees under Civil Code section 1717 need not, in

Deeds Of Trust/Fee Clause Interpretation: Plaintiff Losing Tortious Wrongful Foreclosure Claim Against Foreclosing Trustee Gets Hit With $1.256 Million Fee Award

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

  Deed of Trust Language Was Expansive Enough to Cover Prevailing Trustee.      For any litigators practicing in the real estate area, we are aware of the extremely broad nature of deed of trust language, which is very pro-beneficiary (the lender usually) or pro-trustee (a title company imbued with authority to nonjudicially foreclose under certain

Probate: Co-Trustee Brother Awarded Attorney Fees Of $178,850.15 While Co-Trustee Sister Denied Paralegal Fees Of $29,873.38

Cases: Probate

  Abuse of Discretion Standard Justified Brother’s Fees, While Sister Did Not Adequately Substantiate Paralegal Reimbursement Request.      In Arthur v. Davies, Case No. B249810 (2d Dist., Div. 6 Aug. 21, 2014) (unpublished), brother and sister had spent over $300,000 to compel trustee accountings, at times when they were both co-trustee. Brother eventually was awarded

Special Fee Shifting Statute: Plaintiff’s Counsel Failure To Submit Fee Entitlement Predicate Question To Jury Resulted In No Basis For A Fee Award

Cases: Special Fee Shifting Statutes

  Special Statute Under Consideration Is Health and Safety Code § 1317.6.      Health and Safety Code section 1317.6(j) provides that, in a civil action, any person who suffers personal harm as a result of certain emergency room service violations by a transferring or receiving hospital may recover reasonable attorney’s fees.      In Camargo v.

Section 998/Settlement: 998 Offer Geared To Entry of Judgment, Which Occurred, Meant No Additional Release Had To Be Signed By Accepting Offeree Dismissing The Action

Cases: Sanctions, Cases: Section 998

  And . . . 998 Offer Silence On Fees And Costs Resulted In Fee Recovery By Accepting Plaintiff Under Labor Code Section 218.5.      Briscoe v. The Painted Nail, Case No. B252066 (2d Dist., Div. 7 Aug. 20, 2014) (unpublished) illustrates how a CCP § 998 offeror needs to be careful in the drafting

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