Author name: Marc Alexander

Appealability/Prevailing Party/Section 1717: Because Lower Court Erred In Sustaining Demurrer, Party Garnering Fee Award Was Not Prevailing Party

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

  $22,230 Fee Award Went POOF!      In Vestar/Kimco Tustin, L.P. V. Sesar, Case No. G048831 (4th Dist., Div. 3 May 30, 2014) (unpublished), the lower court sustained a demurrer to a breach of lease action and overruled a demurrer to a breach of guaranty cause of action, with plaintiff filing a voluntary dismissal of […]

Civil Rights/Reasonableness Of Fees/Section 998: $30,000 Fees And Zero Costs To Plaintiff Accepting 998 Offer In Civil Rights Case No Abuse Of Discretion

Cases: Civil Rights, Cases: Reasonableness of Fees, Cases: Section 998

Plaintiff Wanted $93,421.50 in Fees and $7,609.19 in Costs.      Arguing that a lower court erred in fixing the amount of a fee award is a tough proposition given that a deferential abuse of discretion review standard applies. Plaintiff learned that all too well in Nickel v. ARB, Inc., Case No. G048500 (4th Dist., Div.

Family Law: Denial Of Needs-Based Fees To Ex-Wife Was Erroneous Because Lower Court Relied On Outdated Income And Expense Declaration

Cases: Family Law

  Remand to Consider in Light of Wife’s Changed Income Picture.      Updated, fresh income and expense statements are key in support and Family Code section 2030/2032 needs-based fee proceedings. Using outdated statements can result in a reversal under the circumstances, as it did in Marriage of Ching, Case No. G049628 (4th Dist., Div. 3

SLAPP: SLAPP Grant And Attorney’s Fees Order Vacated Where Case Dismissed

Cases: SLAPP

  Lower Court Divested Of Jurisdiction, And Neither Side Cited Controlling Precedent.       Intermediate appellate courts in California try to (and, largely do) get it right in the large stream of cases they handle each year. In some cases, this means that they find the controlling precedent for resolution of a particular cause.      That

Paralegals/Reasonableness Of Fees/Section 1717: Plaintiffs Not Prevailing On Purchase Deposit Retention Dispute Were Correctly Hit With $1,146,682 In Fee Exposure

Cases: Paralegal Time, Cases: Reasonableness of Fees, Cases: Section 1717

  Fee Clause Was Broad, But Lower Court Correctly Reduced Paralegal Hourly Rates—Finding $330 Per Hour Too High.      Royalty Alliance, Inc. v. Tarsadia Hotels, Case Nos. D062537/D063402 (4th Dist., Div. 1 May 29, 2014) (unpublished) was a case where plaintiffs lost summary judgment motions challenging a developer’s retention of purchase deposits under various theories,

Estoppel: Unappealed First Fee Order Determining Individuals Were Jointly/Severally Liable With Losing Company Collaterally Estopped Same Liability Determination In Second Fees Motion Order

Cases: Estoppel

  Failure to Appeal the First Fees Order Was Fatal.      If you got an adverse determination in a prior fees order, you better appeal or else potentially suffer the bite of the collateral estoppel doctrine. Losing individuals learned that painful lesson in Harris v. Save the Queen, LLC, Case No. B249533 (2d Dist., Div.

Homeowner Association: $13,482.50 Fee Award To HOA Prevailing In Injunction Proceeding Affirmed On Appeal

Cases: Homeowner Associations

  HOA Practically Prevailed Even Though Eventually Dismissing Case Without Prejudice.      Homeowner in Sungate Country Owners Assn. v. Stephens, Case No. E055751 (4th Dist., Div. 2 May 28, 2014) (unpublished) may have thought he was safe from fee exposure after HOA dismissed its case without prejudice after winning a preliminary injunction relating to unauthorized

Class Actions: $215,000 Fee Award To Class Counsel Affirmed

Cases: Class Actions

  Percentage of Common Fund Not Dispositive, But Cross-Check Showed Fees As Measured By Value Of Claims Was Still Within the Ballpark.      In Litwin v. iRenew Bio Energy Solutions, LLC, Case No. B248759 (2d Dist., Div. 1 May 28, 2014) (partially published; fee discussion not published), a class action settlement in a false advertising

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