Author name: Marc Alexander

Lodestar/Reasonableness Of Fees: Lower Court’s Award Of Civil Code Section 1717 Fees To Winning Defendant Was No Abuse Of Discretion

Cases: Lodestar, Cases: Reasonableness of Fees

  Unpublished Decision Has Nice Review of Lodestar Setting and Appellate Review Principles.      DEI, LLC v. Capital Partners Services Corp., Case No. D062553 (4th Dist., Div. 1 Feb. 13, 2014) (unpublished) is not remarkable for the appellate court’s affirmance of a $134,092.00 attorney’s fees award (out of a requested $153,527.50) to the winning defendant […]

Indemnity: $129,760.50 In Attorney’s Fees For Pursuing Enforcement Of Judgment In Third Appeal Properly Awarded To Litigant Under CCP § 1038

Cases: Indemnity

  Technical Arguments in Fourth Appeal Rejected by Reviewing Court.      Jeld-Wen, Inc. v. Southcoast Sheet Metal (Jeld-Wen IV), Case No. D062591 (4th Dist., Div. 1 Feb. 11, 2014) (unpublished) is the fourth appeal in this slugfest where Jeld-Wen, hit with a $1.7 million judgment by Pardee for installing leaky windows, sought indemnity from other

Judgment Enforcement: Trial Court Properly Required SLAPP Winning Litigant To File Noticed Motion To Justify Increased Costs Rather Than Simply Filing An Uncontested Post-Judgment Costs Memorandum

Cases: Judgment Enforcement

  Judgment Creditor Seeking 15 Times Increase In Fee Judgment From $21,000 to Over $300,000 Should Have to Justify Requested Increase Through Judicially-Scrutinized Notice of Motion for Fees.      Although we are a little surprised that this decision was not published, Karnazes v. Hartford, Case No. A136400 (1st Dist., Div. 2 Feb. 10, 2014) (unpublished)

Routine Costs: Trial Court Did Not Err In Awarding Travel Expenses For Litigant’s Parent Testifying At Trial Or Striking Refundable Jury Fee/Unrelated Prevailing Claim Cost Items

Cases: Costs

  Abuse of Discretion in Various Costs Orders Not Shown.      Kronick v. Mackston, Case No. B245492 (2d Dist., Div. 5 Feb. 10, 2014) (unpublished) is a wild dog incident case in Corona Del Mar Park in Pacific Palisades. Plaintiff sued defendant claiming that defendant kicked her dog and then threatened plaintiff, while defendant countersued

Family Law: Lower Court Did Not Err In Ordering Ex-Husband To Pay An Additional Fees of $25,000 To Wife Rather Than Her $200,000 Request

Cases: Family Law

  By Time of Ruling, Both Parties Had Somewhat Equal Assets.      Ex-wife obviously was upset in Laughman v. Laughman, Case No. B245837 (2d Dist., Div. 8 Feb. 10, 2014) (unpublished) because the lower court only ordered ex-husband to pay needs-based fees of $25,000 even though she requested more than $200,000 in fees.      The

Private Attorney General: $330,720 Fee Award Evaporates When Appellate Court Determines Plaintiff Was No Catalyst On Affordable Housing Program Disclosures

Cases: Private Attorney General (CCP 1021.5)

  On the Merits, Equity Could Not Trump Contrary Public Immunity Statute Dictates.      Tuthill v. City of San Buenaventura, Case No. B239668 (2d Dist., Div. 6 Feb. 10, 2014) (published) started out with a bang: “Equity, although designed to promote justice, cannot be used to nullify a contrary statute.”      Plaintiffs sued City and

In The News . . . . Former L.A. Dodger Owner Frank McCourt Moves To Recoup Nearly $2 Million In Fees From Ex-Wife Jamie In Divorce Case

In The News

  Fee Recoupment in Unsuccessful Divorce Settlement Challenge Being Sought.      As reported by the Associated Press, ex-L.A. Dodger owner Frank McCourt has moved to recoup a little short of $2 million in attorney’s fees that he incurred to successfully enforce a 2010 divorce settlement with ex-wife Jamie. The motion has been noticed for hearing,

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