Author name: Marc Alexander

Costs: Posted Jury Fees, Even Though Case Did Not Proceed Before Jury, And Business Subpoena Costs Properly Allowed As Costs

Cases: Costs

1/5 DCA Follows Two Other Appellate Decisions on Business Subpoena Costs. ​In Naser v. Lakeridge Athletic Club, Case No. A138353 (1st Dist., Div. 5 June 27, 2014) (partially published; costs discussion published), the lower court allowed the defense prevailing on a summary judgment motion certain costs challenged by the losing plaintiff. However, plaintiff did not […]

Prevailing Party/Sanctions/Section 1717: $60,000 Sanctions Award Against Plaintiffs/Plaintiffs’ Counsel Under CCP § 128.7 Affirmed

Cases: Prevailing Party, Cases: Sanctions, Cases: Section 1717

Additional $60,000 Fee Recovery Against Plaintiffs For Dismissed Tort Claims Also Sustained Based On Breadth Of Fees Clause. ​ Peake v. Underwood, Case No D061267 (4th Dist., Div. 1 June 25, 2014) (partially published) is a great primer on CCP § 128.7 sanctions, on how to properly present such a sanctions request, and on the

Costs/Equity/Indemnity/Tort of Another: Individual Brokers Not Liable For Real Estate Seller’s Attorney Fee Exposure To Buyers, But Individual Brokers Face Exposure For Sellers’ Own Defense Attorneys Fees In Nondisclosure Lawsuit

Cases: Costs, Cases: Equity, Cases: Indemnity, Cases: Tort of Another

Implied Contractual and Equitable Indemnity Theories Cannot Undermine American Rule. ​Dalton v. Francis, Case No. H033247 (6th Dist. June 26, 2014) (unpublished) involved a buyer lawsuit against seller and dual real estate agents for nondisclosures in connection with a residential sale regarding a dilapidated septic system. The problem was that seller and individual brokers negligently

Appealability/Equity/Sanctions: In Pro Per Litigant Denied $31,000 In Compensatory Legal Fees When Trial Judge Discretionary Granted Relief From Default

Cases: Appealability, Cases: Equity, Cases: Sanctions

Lower Court Did Not Err In Directing That $1,000 Penalty Be Paid By Party Requesting Default Relief to Superior Court Instead. ​In Sanai v. Pfeiffer, Case No. B246349 (2d Dist., Div. 4 June 26, 2014) (unpublished), an in pro per attorney sued an ex-client defendant for $149,240 in legal fees. However, the defense filed a

Appealability/Prevailing Party/Section 1717: Defense Properly Denied Attorney’s Fees Because She Was Not The Clear Winner

Cases: Appealability, Cases: Prevailing Party, Cases: Section 1717

Easement Dispute Produced Mixed Result, Likely More Pro-Plaintiffs In Nature. ​This one involved a water well easement dispute by adjoining owners, prompting a suit by plaintiffs when defendant locked the pump house and put up a “no trespassing” sign. The lower court ultimately upheld plaintiffs’ right to use of some water from the well, but

Sanctions: Ninth Circuit Affirms District Court’s Vacating Of Bankruptcy Court Daily Sanctions Until Date Violating Party Knew Sanctions Would Fall

Cases: Sanctions

  Due Process At Work In This One. ​In In re Icenhower, Case No. 12-56329 (9th Cir. June 26, 2014) (published), a bankruptcy court imposed contempt sanctions against defendants for failing to transfer a Mexican coastal villa to plaintiff. The district court, however, vacated $25,000 daily sanctions for failure to vacate on the basis that

Discovery/Sanctions: Quinn Emanuel Firm And Client Samsung Ordered To Pay More Than $2 Million In Discovery Sanctions For Disclosing Confidential License Terms Between Apple And Nokia To Samsung

Cases: Discovery, Cases: Sanctions

  Nokia Receives $1.5 Million And Apple About $894,000.      U.S. Magistrate Judge Paul Grewal of the Northern District of California, on June 20, 2014, ordered Quinn Emanuel Urquhart & Sullivan LLP and its client Samsung Electronics Co. Ltd. to pay more than $2 million in sanctions for disclosing confidential terms of a patent license

Appealability/Prevailing Party: Defense Appealing Only Judgment, But Not Separate Fee Award, Could Challenge Fee Award

Cases: Appealability, Cases: Prevailing Party

  However, Defense Challenges Did Not Prevail On Appeal.      In Polaris Medical Academy, LLC v. Allen, Case No. G045800 (4th Dist., Div. 3 June 24, 2014) (unpublished), plaintiffs won a judgment totaling $450,000 against various defendants, with the judgment stating “Plaintiffs shall recover costs in the amount of $___________ and attorneys’ fees in the

Arbitration/Prevailing Party: Trial And Appellate Fees Incurred In Successfully Opposing Petition For Arbitration Were Premature

Cases: Arbitration, Cases: Prevailing Party

  Merits Were Yet To Be Decided.      Cellphone Termination Fee Cases, Case Nos. A136818 and A138424 (1st Dist., Div. 5 June 24, 2014) (both unpublished) were situations where plaintiff successfully opposing a petition to compel arbitration by Sprint obtained very substantial trial and appellate fees for prevailing at this “interim” stage of the overall

Appeal Sanctions/Reasonableness Of Fees On Appeal: Over $91,000 In Fees On Appeal Sustained As Being Reasonable

Cases: Appeal Sanctions, Cases: Reasonableness of Fees

  However, Appeal Sanctions Not Imposed Against Appellants’ Attorney.      We can discern that the Second District, Division 2 is tired of the appeals in ASAP Copy and Print v. Canon Business Solutions, Inc., Case No. B249588 (2d Dist., Div. 2 June 23, 2014) (unpublished), all of which arose from a copier lease dispute. This

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