Author name: Marc Alexander

Deeds Of Trust, Section 1717: $31,617 Attorney’s Fees Award Under Deed Of Trust Fees Clause Affirmed Against A Nonsignatory Who Was An Alter Ego In A Fraudulent Conveyance DOT Case

Cases: Deeds of Trust, Cases: Section 1717

DOT Fees Clause Was Broad, Encompassing The Tort Claim For Fraudulent Conveyance.              In the deed of trust area, whether a lender can obtain recovery of contractual attorney’s fees after prevailing in a case depends on its breadth:  if it is broad, lender likely prevails; if it is narrow (such as only saying the fees […]

Appealability, Private Attorney General: Additional Defendants Were Determined To Be “Opposing Parties” Such That They Should Have Been Added As Liable For A Private Attorney General Fee Award

Cases: Appealability, Cases: Private Attorney General (CCP 1021.5)

Additional Defendants Were Unified In Interest With Other Defendants Subject To The Fee Award.             To recover attorney’s fees under the private attorney general statute, CCP § 1021.5, the plaintiff must recover against “opposing parties.”  Taft v. Salinas, Case No. D081025 (4th Dist., Div. 1 Nov. 30, 2023) (unpublished) considered the scope of that language

Allocation, Requests For Admission, Special Fee Shifting Provision: 4/1 DCA Affirms Denial Of Fees To Prevailing Defendant Under Consumer Data Access And Fraud Act, But Remands For Determination Of RFA Costs-Of-Proof Sanctions For Request Denials

Cases: Allocation, Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

Failure To Allocate Fatal On The CDAFA Claim, But Lack Of Any Evidence During A Jury Trial Meant Some Costs-of-Proof Sanctions Were in Order on Remand.             In Yeng Midas Touch, Inc. v. Phanichkul, Case No. D080981 (4th Dist., Div. 1 Nov. 29, 2023) (unpublished), plaintiff lost various tort and a claim under the Computer

Prevailing Party, Probate: $61,557 Fee Award To Removed Trustee For His Attorney’s Work On Trust Petition Affirmed On Appeal

Cases: Prevailing Party, Cases: Probate

Trustee and Challenging Beneficiaries Got Mixed Results, So Trustee Entitled To Fees, Inclusive Of “Fees On Fees.”             In Farnocchia v. Harms, Case No. A164639 (1st Dist., Div. 1 Nov. 29, 2023) (unpublished), two beneficiaries of a trust filed a petition to remove Harms as trustee, for an accounting, and for breach of fiduciary duty. 

Requests For Admission, Section 998: $500,000 Costs Of Proof Sanctions Award Reversed And Failure To Consider Pre-Judgment Impact Of Defense Section 998 Was Further Error

Cases: Requests for Admission, Cases: Section 998

Remands Were In Order Because Costs Of Proof Sanctions Were Not Properly Tethered To The Proof Of The Matters Denied And Defense Section 998 Offer Impact Should Not Have Been Held In Abeyance Pending Appeal             Well, now that we are past the Thanksgiving holidays, the defense must be giving thanks for the results in

Construction, Liens For Attorney Fees: In Public Works Case, Under Unusual Circumstances, Surety Prevailed Over Attorney Charging Lien

Cases: Construction, Cases: Liens for Attorney Fees

Surety Won This One Under Attorney Lien Exceptions.             Nichols v. North American Specialty Ins. Co., Case No. B329206 (2d Dist., Div. 2 Nov. 17, 2023) (unpublished) is an interesting (appellate court saying “messy”) dispute over the priority between the attorney’s lien of a general contractor and a surety which paid off subcontractors on behalf

Appeal Sanctions: Appellate Sanctions Imposed In Two Cases Where Interlocutory Appeals Were Involved And A Failure To Share The Appellate Record

Cases: Appeal Sanctions

Real Rubs Were Attacks On Lower Court and Appellate Justices.             In Schwartzman v. South Coast Tax Resolution, Inc., Case No. B314770 et al. (2d Dist., Div. 2 Nov. 17, 2023) (unpublished) and Czech v. Herrera, Case No. B316020 (2d Dist., Div. 2 Nov. 17, 2023) (unpublished), the appellate court in two appeals affirmed respective frivolous

Prevailing Party: Where Defendants Prevailed On Dispositive Motions In Limine And Motion For Judgment On The Pleadings, Dismissal Without Prejudice By Plaintiffs Did Not End The Ability For Any Party To Seek Prevailing Party Fees

Cases: Prevailing Party

Case Involved The Claim That Individual Defendants Were Guarantors Under A Lease.             In Canales v. Superior Court, Case Nos. B321796 et al. (2d Dist., Div. 4 Nov. 16, 2023) (unpublished), on the day of trial, the lower court indicated tentative decisions to grant the defense motions in limine and its own sua sponte motion

Special Fee Shifting Statutes: Respondent Obtaining Dismissal Of Elder Abuse Restraining Case After Petitioner Died Was Properly Awarded Partial Fees For Obtaining The Dismissal

Cases: Special Fee Shifting Statutes

Only Motion To Dismiss Fees Were Awarded.             Maroudas v. Carrillo, Case No. H050224 (6th Dist. Nov. 14, 2023) (unpublished) is a situation where respondent was awarded attorney’s fees and costs under Welfare & Institutions Code section 15657.03(t), the elder abuse fee shifting statute, for obtaining a dismissal of a petition after the petitioner died. 

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